DIWANJIBHAI JAMSHIBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, Diwanjibhai Jamsibhai Gamit, being aggrieved by the order dated 16th/18th April, 1994 passed by the Deputy Secretary (Appeals), quashing the earlier order dated 20th February, 1982 passed by the Deputy Collector, Vyara is before this Court with a submission that the order shows absolute non -application of mind and even does not take into consideration that even if the order is allowed to stand, no useful purpose is going to be served.

(2.) THE short facts necessary for disposal of the present petition are that in the consolidation scheme, Survey No.70/2 admeasuring 2 Acres 9 Gunthas and Survey No.69/2 admeasuring 1 Acre and 15 Gunthas were converted into Survey No.70/2. The respondent No.3, Somabhai Jamsibhai Gamit, made an application to the Deputy Collector under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act" for the sake of convenience and brevity) for grant of permission to sell 2 Acres and 9 Gunthas of land. The said permission was accorded in favour of respondent No.3 on 30th December, 1978. Thereafter, on 10th January, 1979, the respondent No.3 sold 2 Acres and 9 Gunthas of land of Village Nani Chikhli by a registered sale deed in favour of the present petitioner.

(3.) AFTER hearing the parties and on going through the records, I must hold that the order passed by the Deputy Secretary (Appeals) deserves to be set aside and quashed for the reasons more than one.