SENDHABHAI SHANKARBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SHRI K.M.Sheth, learned counsel for the petitioner; Shri M.R.Mengdey, learned AGP for the respondent no.1; none for respondents no. 2 and 3 though served.

(2.) THE petitioner, who had purchased certain agricultural land in the year 1980, got his name mutated on 27.10.80 vide entry no. 5993, obtained non -agricultural use permission in the year 1986, got maps and plans sanctioned from the Kalol Municipality, proceeded with construction, completed the same in the year 1986, suffered a notice to show cause somewhere in 1987 requiring him to explain that why order under Section 84 -C of the Bombay Tenancy and Agricultural Lands Act be not made against him. The petitioner appeared before the the authority and submitted his case. The Mamlatdar, in Tenancy Case No. 132/89 passed an order dated 4.10.89, directed vesting of the land in favour of the State Government, the said order was confirmed by the Deputy Collector, Mehsana on 16.8.91 and the Gujarat Revenue Tribunal, vide its order dated 16.2.95 passed in Revision Application No. TENBA.801/91, dismissed the revision and on 7.6.95, dismissed the review application summarily which was registered as No. TENCA.22/95.

(3.) SHRI Sheth, learned counsel for the petitioner submits that from perusal of para -4 of the order passed by the Mamlatdar, it would clearly appear that the petitioner was holding certain agricultural land in Village -Charada, Taluka -Vijapur and as definition of "to cultivate personally" provided under Section 2(6) of the Bombay Tenancy and Agricultural Lands Act, has been amended in the year 1995, all these orders deserve to be quashed.