KANTILAL DHIRAJLAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has preferred the petition for challenging the order passed by the State Government in revisional jurisdiction, whereby the proceedings of auction of the land in question is set aside.

(2.) HEARD Mr.Chhaya for Mr.Datta, learned Counsel appearing for the petitioner and Mr.Soni, learned AGP for the State Authorities.

(3.) UPON hearing the learned Counsel appearing for both the sides, it appears that it is not in dispute that the auction came to be held as back as in the year 1981 and it was also confirmed in the year 1981. The proceedings in suo motu revision were initiated for the first time by issuing notice dated 4.12.1995. The perusal of the impugned order shows that there were two grounds in the show -cause notice for exercise of the power and out of those two grounds, so far as permission under Section 43 of the Bombay Tenancy and Agricultural Lands Act is concerned, the State Government has found that such ground would not survive in view of the payment of premium already made of 60 times revenue. The State Government on administrative side has not challenged the said order.