MADHAVDAS DAMODAR AND CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. The Appeal is heard today on question of law framed by order dated 1st March, 2007 (Coram R. S. Garg, J. ).

(2.) THE appellant, plaintiff in Regular Civil Suit No. 445 of 1998, has preferred the present Second Appeal u/s. 100 C. P. C. against the Judgment and order dated 9th August, 2006 passed by the Additional District Judge and Fast Track Court, Junagadh in Regular Civil Appeal No. 87 of 1998.

(3.) IT appears that by order dated 5th July, 1971 made by the District Collector, Junagadh, the appellant " firm was given land admeasuring 33880 sq. yards at Manavadar for establishing a Ginning factory. One of the conditions of the said grant was that the grantee shall not divide the land in sub-plots or sale the land or the sub-plots without the permission of the State Government. In the year 1975 the partnership firm took in some new partners. This was treated by the Deputy Collector as breach of aforesaid condition No. 4. A case for breach of condition was registered against the appellant " firm. By order dated 8th February, 1985, made by the Deputy Collector, Porbandar, the appellant was held to be guilty of breach of aforesaid condition No. 4 and the land was ordered to be confiscated to the State Government. The appellant preferred Appeal before the District Collector, Junagadh. By order dated 15th November, 1985 the District Collector held that taking new partners by the appellant " firm would not amount to the breach of condition No. 4. Nevertheless as new partners were taken without permission of the State Government, though the District Collector set aside the order of confiscation made by the Deputy Collector, the District Collector imposed penalty upon the appellant firm under clause : 14 of the terms and conditions of the grant. The said order has been confirmed by the State Government on 20th May, 1988 in Revision Application preferred before it. The said order of the State Government was challenged by the appellant firm before the Civil Judge (SD), Junagadh in Regular Civil Suit No. 445 of 1988. The said Suit came to be dismissed by the Judgment and order dated 21st July, 1988. The said Judgment dated 21st July, 1988 has been confirmed by the lower Appellate Court vide order dated 9th October, 2006 passed in Regular Civil Appeal No. 87 of 1998. Therefore, the present Second Appeal.