STATE OF GUJARAT Vs. BHAVESHVAR MAHADEV MANDIR

JUDGEMENT

(1.) Shri A.Y. Kogje, learned A.G.P. for the petitioner State and Shri C.H. Vora, learned counsel for the respondent.

(2.) By this this writ application, which according to the judgment of the learned Single Judge of this Court, in the matter of State of Gujarat Vs. Polabhai Ajabhai, reported in 2003 (1) G.L.R. 887, would be a petition under Article 227 of the Constitution of India, the petitioner ­ State seeks to challenge the correctness, validity and propriety of the judgment passed by the Gujarat Revenue Tribunal in Appeal No.Ten. - AK -8/93, Bhuj (decided on 6/9/1994) and also challenges the findings recorded by the said tribunal.

(3.) Short facts necessary for the disposal of the petition are that the respondent Trust, being aggrieved by the City Survey made in the year 1974, made an application the Deputy Collector for inclusion of the some more land into their ownership. The Deputy Collector forwarded the said application to the City Survey Superintendent for making an inquiry under sec.37(2) of the Bombay Land Revenue Code ("the Code" for short). The City Survey Superintendent made an inquiry under sec.37(2) of the Code, the parties were allowed to file documents and lead oral evidence. After hearing the parties and considering the totality of the evidence, the City Survey Superintendent observed that not only the land bearing Survey No.3394 admeasuring 1261.70 sq.mtrs. belonged to the respondent but the land admeasuring 9258.23 sq.mtrs. did belong to and owned by the respondent Trust. He passed his final order on 11/1/1988 holding that the respondent herein was an owner of the land in dispute.