PATEL WAGHABHAI DALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Satyam Chhaya, learned Assistant Government Pleader waives service of rule. With the consent of the learned advocates the matter is taken up for final disposal.

(2.) The present petition is filed by the heirs and legal representatives of the deceased-Patel Dala Kumbha, who purchased the land in question, i.e. Survey No.339 of Village Dethali, admeasuring 8 acres, 39 gunthas of Village Dethali, Taluka Vav prior to 1976 by registered sale deed baring no.969. The sale transaction was recorded by entry no.193 dated 25.08.1976 and was confirmed on 01.06.1978.

(3.) The parties rested with the aforesaid transaction. It was only in the year 1999 that a team examining 'Hak Patrak' (revenue record) raised a case for breach of condition (Shart Bhang). In response to that, the Mamlatdar made a proposal to take action under sec.79A of the Bombay Land Revenue Code. The case was registered and notice was issued to the parties on 20.12.1999. On 06.01.2000, Talati- cum- Mantri of Village Dethali and heirs of the purchaser remained present, but the vendor, Shri Bhikha Ramu did not remain present. It was contended by the present petitioners- heirs of the purchaser that they did not have any knowledge about the land being a new tenure land. It is not in dispute that Village Form 7/12 did not bear any remark to the effect that the land is a new tenure land. Collector passed order dated 07.01.2000 of entering the land in the name of the Government free from all encumbrances.