STATE OF GUJARAT Vs. MULJIBHAI RANCHHODBHAI

JUDGEMENT

(1.) THIS Appeal under Section 100 CPC has been preferred by the State Government against the judgment and order dated 19th December, 1989 passed by the learned Assistant Judge, Amreli in Regular Civil Appeal No. 9 of 1984 arising from the judgment and decree passed by the learned Civil Judge [SD], Amreli in Regular Civil Suit No. 188 of 1981.

(2.) THE respondent -plaintiff had purchased a piece of agricultural land situated at Amreli. The plaintiff had, without obtaining permission for non -agricultural use, constructed a house on the said land. The said construction was regularized by the District Collector, Amreli by his order dated 15th May, 1973 on payment of non -agriculture assessment, fine and the composition fee. The plaintiff did pay NA assessment charged and fine imposed upon him. He, however, challenged recovery of composition fee of Rs. 5,520/= before the State Government. The State Government, by its Order dated 7th November, 1978, confirmed the order made by the District Collector.

(3.) FEELING aggrieved, the plaintiff instituted the above referred Regular Civil Suit No. 188 of 1981 in the Court of learned Civil Judge [SD], Amreli. According to the plaintiff, the composition fee levied by the District Collector was without the authority of law and illegal. The suit was contested by the State Government by written Statement Exh.18. The State Government denied that the impugned order was illegal. The learned trial Judge by his judgment dated 30th November, 1982 held that the composition fee imposed by the District Collector was without the authority of law. The suit was allowed and decree was passed in favour of the plaintiff. The judgment and decree passed by the learned Civil Judge was challenged before the learned District Judge, Amreli in Regular Civil Appeal No. 9 of 1984 which came to be dismissed on 19th December, 1989. Therefore, the present Appeal.