CHANDUSINH SUKHABHAI Vs. ADDITIONAL CHIEF SECRETARTY (APPEALS)

JUDGEMENT

(1.) SHRI Chirag Patel, learned counsel for the petitioner; Shri L.R. Pujari, learned AGP for the respondents no. 1 to 3. None for the respondents.

(2.) PETITIONER , Chandusinh Sukhabhai Solanki being aggrieved by the order dated 16.7.94 passed in Case No.Jamin/Sharatbhang/Case No.10/92 by the Assistant Collector, Godhra, order dated 13.9.94 passed in Case No. Jamin/Revision Appeal No.4/94 Vashi 4360 -64 by the learned Collector, Panchmahals at Godhra and order dated 13.6/7.95 passed by the Additional Chief Secretary [Appeals], Revenue Department in Case No. SRD/Jamin/PACHAM/15/94 under which entry no. 718 dated 28th August, 1979 made in favour of the petitioner, was confirmed on 3.10.79 was cancelled, is before this Court.

(3.) THE short facts necessary for proper disposal of the present petition are that, the present petitioner on 9.4.75 purchased Block No. 61 admeasuring 1 Hectare 19 Are and 38 sq.mts at village Koprej from Solanki Himatsinh Motisinh, respondent no.4. He made an application for entry in his favour, entry no. 718 was made on 20.8.79 and was ultimately confirmed on 3.10.79. Almost after 15 years of the said entry and its confirmation, the Assistant Collector issued a notice to the petitioner to show cause as to why entry be not cancelled. The petitioner filed his reply and submitted that such entry was legal, the petitioner had paid the consideration, the petitioner was an agriculturist and was holding some land. The Assistant Collector, Godhra, by his impugned order held that the land survey no. 61 was new tenure land and without permission, the same could not be sold. He accordingly directed cancellation of the entry, the said order was confirmed by the Collector and the Additional Chief Secretary [Appeals], Revenue Department, therefore the petitioner is before this Court.