SANDHA HARI NANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.B.Y. Mankad, learned counsel for the petitioner and Mr.A.Y.Kogje, learned Assistant Government Pleader for the respondents - State.

(2.) BEING aggrieved by the order dtd.13/1/1992 passed by the Collector, Kutch canceling certain allotments which were made in favour of the petitioner on 3/12/1981, the petitioner is before this Court.

(3.) IT appears that after certain land vested in the Government, which was declared as surplus under the provisions of Gujarat Agricultural Land Ceiling Act, certain applications were invited from number of persons. The petitioner also made an application for allotment or settlement of some land in his favour. After grant of the application of Sadha Hari Nanji - the petitioner, land admeasuring 11 Acres of Part of Survey No.45 was allotted and settled in favour of the petitioner. The land was mutated in favour of the petitioner and the entry was, thereafter, certified. It appears that almost after 11 years, the Collector either on the strength of his personal knowledge or on some information received by him, issued a notice to the petitioner to show cause that why allotment made in his favour be not cancelled, because he did not belong to the backward class. The petitioner showed the cause, but unfortunately could not convince the learned Collector, who, in his turn, cancelled the allotment.