STATE OF GUJARAT Vs. GANGABEN POLABHAI

JUDGEMENT

(1.) The appeal is finally heard.

(2.) The short facts necessary for disposal of the present appeal are that one Pola Haja, (since deceased), applied to Mamlatdar under Sec. 37(2) of the Bombay Land Revenue Code ("B.L.R. Code" or "Code" for the sake of brevity) on the ground that the actual measurement of the farm was less by 10 acres and 10 gunthas. He pleaded for declaration under Sec. 37(2) of the Code that the property belonged to him. The application came to be rejected by the Mamlatdar vide his order dated 3-6-1981 in view of the findings that the land belonged to the Government. The matter was thereafter taken to the Revenue Court which, vide its order dated 15-9-1983 set aside the order of the Mamlatdar and remanded the case. It appears that in the meantime, powers which were earlier conferred upon the Mamlatdar came to be given to the Deputy Collector. On 15-7-1991, the Deputy Collector, after reconsidering the entire material available on the record held in favour of the heirs of the deceased Pola Haja. The State did not challenge the said order passed by the Deputy Collector, but the Collector took up the matter in suo motu revision being Land Revenue Application No. 5 of 1991. On 27-4-1994, the Collector set aside the order passed by the Deputy Collector and rejected the claim made by Pola Haja (since deceased).

(3.) Against the order passed by the Collector, heirs of Pola Haja filed an appeal before the Gujarat Revenue Tribunal, which by its order dated 3-1-1995 set aside the order passed by the Collector and restored the order passed by the Deputy Collector. Copy of the said order was received by the department on 22-1-1995. I am referring to these dates because at a later stage, it may assume importance.