AHEMAD AMIJI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) HEARD Mr.Mukund Desai, learned counsel for the petitioners and Mr.L.R. Pujari, learned Assistant Government Pleader for the respondents State.

(2.) BY the writ application, the petitioners seek to challenge the orders passed by the Deputy Collector, Palanpur, Collector, Palanpur, Dy.Secretary (Appeals), Revenue Department, where -under the Deputy Collector has held that the in the name of partition or family arrangement / settlement, the petitioners, in fact, were transferring the land in breach of the provisions of law, he directed forfeiture of the land. The order has been confirmed by the Collector and approved by the Dy.Secretary.

(3.) MR .Desai, learned counsel for the petitioners submits that from the tenor of of allotment, it would clearly appear that separate parcels of land were allotted to the family members and under the circumstances, if they have settled equities amongst themselves or have transferred some parcels of land in favour of another family member, then, such settlement / family arrangement would not amount to transfer of the land calling for capital punishment of forfeiture.