VASANTIBEN CHHAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SHRI B.A. Surti, learned counsel for the petitioner; Shri L.R. Pujari, learned AGP for the respondent no.1; none for the respondents no.2, 3 and 4.

(2.) THE short facts necessary for disposal of this writ application are that one Chhaganlal, son of Ambubhai Patel purchased 6 Acres and 5 Gunthas land of block no. 460 under registered sale deed for consideration of Rs. 44,999/ - from the respondents no. 2 and 3. On 20.8.81, name of Chhaganlal Ambubhai Patel was mutated in the record of rights. Somewhere in 1984, Mamlatdar cum ALT initiated suo motu proceedings under Section 84C and registered case No. 198/84.

(3.) APPROPRIATE notice was issued to the said Chhaganlal Ambubhai, notices were served upon Chhaganlal Ambubhai in June, 1983, but he left for his heavenly abode on 21.10.1983. The Mamlatdar cum AlT, after verifying from the revenue records, found that vide entry no. 2945 dated 10.12.83, names of Lalitaben, the respondent no.4, daughter of Chhaganlal Patel and Vasantiben, daughter of Chhaganlal Patel [petitioner] were mutated, but on the very same day, by next entry no. 2946, name of Vasantiben was deleted, Mamlatdar cum ALT accordingly issued notice to Lalitaben though Vasantiben was also joined as party to the proceedings. The proceedings remained pending for long time and the original Tenancy Case No. 198/84 was renumbered as Tenancy Case No. 20 of 1989. On 20.1.90, Mamlatdar cum ALT held that father of the present petitioner was not an agriculturist and as such, sale effected in his favour was void.