BACHUBHAI RAMZAN-ALI DAMARVALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR .Hashim Qureshi, learned counsel for the petitioner and Mr.Hukum Singh, learned Assistant Government Pleader for the respondents State.

(2.) THE petitioner is before this court challenging order dtd.1/4/1991 passed by the Assistant Collector in Case No.Land/1901 under which, the Assistant Collector has observed that the land was lying barren, fallow and uncultivable for more than seven years, therefore, in accordance with the provisions of sec.65, the land would be forfeited in favour of the Government, and order dtd.2/8/1991, under which, the revision application filed by the petitioner, was returned for proper presentation.

(3.) MR .Hashim Qureshi, learned counsel for the petitioner submits that the petitioner's brother Mohd.Ali son of Ramzan Ali Damarwala had purchased 1 Acre and 12 Gunthas of land bearing Survey No.306/1 and he applied for Non -Agricultural Permission, which was granted in his favour and was to remain in force upto 1/8/1965. The period between 1/8/1965 and 31/7/1970 was regularized and thereafter, the permission and its effect were extended upto 31/7/1971. The plank of the argument is that the order dtd.1/4/1991 was passed by the Assistant Collector without providing any opportunity of hearing to the petitioner.