SHANKARBHAI JAGABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts necessary for disposal of the present Writ Application are that the respondent No.3 had made allotment of 5 Acres and 3 Gunthas of land bearing Survey No.79 situate at Village: Salemba to one Manjibhai, predecessor in title of respondent No.5. On 3rd May, 1963, said Manjibhai sold the land for a valuable consideration of Rs.2,499/- to one Jagabhai, predecessor in title of the present petitioner. The matter was informed to the Revenue Authorities, necessary entries were made and Village Form Nos.6, 7 and 12 were also accordingly corrected. After about fourteen years, the respondent No.5 issued a notice under Section 73A of the Bombay Land Revenue Code, 1879 (hereinafter referred to as "the Code" for the sake of brevity) to the petitioner asking him to show cause as to why he should not be summarily evicted. The petitioner appeared before the authority and filed his reply, but, the respondent No.4 vide his order dated 30th September, 1977, declared the transfer to be invalid and directed the petitioner to hand over the possession of the property to respondent No.5. Being aggrieved by the said order, the petitioner filed Revision Application No.85/1977 before respondent No.3 (Collector, District: Bharuch), who vide his order dated 30th May, 1978 allowed the revision of the petitioner. The respondent No.5, being dissatisfied with the order of the Collector, filed Revision Application No. 238 of 1978 before the Secretary (Appeals), Revenue Department. The said respondent No.2 allowed the Revision Application on 28th February, 1997. Therefore, the petitioner is before this Court.

(2.) Ms. Brahmbhatt, learned Counsel for the petitioner, submits that Section 73-A of the Code had come into effect on 1st August, 1963 and as the sale was effected on 3rd May, 1963, the provisions of Section 73-A would not apply to the transaction in dispute. She also submitted that a notification under Section 73-A could be issued by the Collector if no survey settlement was recorded. According to her, the survey settlement in relation to the land falling within Sagbara State was conducted in the year 1923, therefore, the notification under Section 73-A could not be issued. She also placed her strong reliance upon a judgement of this Court in the matter of Ahmedbhai Abdulgani Memon vs. State of Gujarat & Ors., [1972 GLR 354], to contend that the provisions of Section 73-A of the Code would not apply in the present set of facts.

(3.) Shri Dipen Desai, learned Counsel for the respondent-State, however, supported the order.