RANJIT CHATRABHUJ JASANI Vs. DHANESHREE S TALWALKAR

JUDGEMENT

(1.) BY this writ application, the petitioner seeks to challenge order dtd.30.9.1993 / 4.10.1993 passed by the Secretary (Appeals), where -under, he had confirmed the order passed by the Collector, Kutch.

(2.) SHORT facts necessary for disposal of the present writ application are that the petitioner has submitted that the land bearing Survey No.277 belonged to his father, his father had executed a registered Gift Deed on 16/5/1953 in favour of the Government and the land bearing Survey No.277 vested in the Government vide Mutation Entry No.47 dtd.20/3/1960. The case of the petitioner so also of the State Government, is that the Government came in possession of the said land on 20/3/1960. It is stated by the State Government that the actual record pertaining to handing over of the possession of the land bearing Old Survey No.277 is not available with Collector's office, Mamlatdar's office or even the Deputy Executive Engineer's (Panchayat) office. According to them, from uncertified copy of the Panch Rojkam dtd.29/1/1976, possession of the land appears to have been handed over to the petitioner - Ranjit Chatrabhuj Jasani on 29/1/1976. In the same breath, the Government says that the said land was given back to one Ishvar Ramji Gurukul Vandhay Trust (Predecessor of Gnana Vistarak Sangh) on 20/3/1967, in pursuance of the Resolution No.N/AGS/2766/12/84/R dtd.18/4/1966. It is also the say of the State Government that Mutation Entry No.80 dtd.20/3/1967 mentions that the land bearing Survey No.277 was given back to the said Ishvar Ramji Gurukul Vandhay Trust, but the Government says that no other orders are available. In para 4(a) of the Affidavit dtd.10/1/2007 by Collector, Kutch, it is mentioned that they do not have any records or correspondence to suggests that the State had, at any time, prior to 1966 taken the possession of the land in dispute from Ishvar Ramji Gurukul Vandhay Trust.

(3.) THE private respondents submit that they were recorded owners of the property and the possession of the land was handed over to them. At the same time, learned counsel for the petitioner submits that from the Gift Deed of 1953, it would clearly appear that the land belonged to the petitioner's father and the possession was handed over to the petitioner in the year 1976. Mr.Pujari, learned Assistant Government Pleader submits that he is unable to consile various statements made in the affidavit of the Collector, Kutch. During the course of hearing, I inquired from the parties that in absence of the documents or proper inquiry by the Collector, how could orders be made in favour of the private respondents or the said Ishvar Ramji Gurukul Vandhay Trust, the parties agreed that the impugned orders passed by the Secretary and the Collector be set aside with a direction to the Collector to make an inquiry into the title of the parties. I suggested to them that as the rights of the parties are yet not crystalised, the private respondents should not enjoy the possession of the property to which, Mr.Clerk, learned counsel for the private respondents submits that the Collector may be authorised to take possession of land bearing Survey No.277 and keep it at the disposal of some Commissioner, so that the party, who ultimately succeeds, may get usufruct and the possession of the property. Learned counsel for the petitioner does not oppose the suggestion. The petition is disposed of with the following directions;