KANJIBHAI JIVANJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SHRI J.B. Pardiwala, learned counsel for the petitioners; Shri M.R. Mengdey, learned AGP for the respondents no. 1 to 3; none for the respondents no. 4 to 12 though served.

(2.) THE petitioners, being aggrieved by the order dated 26.3.87, passed by the Deputy Collector in Appeal No. RTS 63/85, order dated 1.9.88, passed by the Collector, Valsad in RTS Revision No. 11/87 and the order dated 16.9.89, passed by the Additional Principal Secretary [Appeals], Revenue Department in SRD/Valsad/HKP/22/88, are before this Court with a submission that the orders are bad and illegal, because, same have been passed without giving any notice or opportunity of hearing to the petitioners.

(3.) THE short facts necessary for disposal of the present petition are that agricultural land bearing Survey No. 215 of village Palan was jointly recorded in name of Shri Maganbhai Durlabhbhai and Shri Lalbhai Nichabhai Desai. It is not in dispute and is also found as a fact that these two joint owners were not relations but were simple partners. Shri Maganbhai Durlabhbhai, during his lifetime in the year 1968, vide sale deed dated 4.1.68 registered on 11.1.68, sold surveys no. 145, 156, 151, 152, 153, 147, 148, 149 and 150, which, according to the petitioners were contiguous to each other, to the petitioners for appropriate consideration. It is also to be seen that Shri Lalbhai Nichabhai Desai had filed Special Civil Suit No. 20 of 1960 against the joint owner Shri Maganbhai Durlabhbhai in respect to the land jointly held at village Palan. The suit was filed before the Civil Court [Senior Division] Surat. A consent/compromise decree was made on 8.6.63, decree clearly provided that half of the land of Block No. 215 would belong to Shri Maganbhai Durlabhbhai, while other half on the western side would belong to Shri Lalbhai Nichabhai. Thereafter, various entries were made, the matter went up to the Tribunal on the ground that such partition was leading to fragmentation but those two joint owners succeeded in their effort and the matter was decided in their favour.