RAMSINH ZINABAVA Vs. ADDITIONAL CHIEF SECRETARTY (APPEALS)

JUDGEMENT

(1.) SHRI Chirag Patel, learned counsel for the petitioner; Shri L.R. Pujari, learned AGP for the respondents no. 1 to 3. None for the respondents.

(2.) PETITIONER , Ramsinh Zinabava being aggrieved by the order dated 13.7.94 passed in Case No.Jamin/Sharatbhang/Case No.47/91 by the Assistant Collector, Godhra, order dated 13.9.94 passed in Case No. Jamin/Revision Appeal No.5/94 Vashi 4371 -75 by the learned Collector, Panchmahals at Godhra and order dated 30.6.95 passed by the Additional Chief Secretary [Appeals], Revenue Department in Case No. SRD/Jamin/PACHAM/14/94 under which entry no. 544 dated 11.12.69, confirmed on 13.7.70 and entry no.545 dated 10.1.70 made in favour of the petitioner, confirmed in 1970 were cancelled, is before this Court.

(3.) THE short facts necessary for proper disposal of the present petition are that, the present petitioner on 14.7.69 purchased Block No. 185 admeasuring 0 Hectare 21 Are and 25 sq.mts at village Koprej from Solanki Himatsinh Motisinh, respondent no.4. He made an application for entry in his favour, entry no. 544 was made on 11.12.68 and was ultimately confirmed on 13.4.70. Thereafter, entry no. 545 regarding heirship was made on 10.1.70. Almost after 22 years of the said entries and their confirmation, the Assistant Collector issued a notice to the petitioner to show cause as to why entry be not cancelled. The petitioner filed his reply and submitted that such entry was legal, the petitioner had paid the consideration, the petitioner was an agriculturist and was holding some land. The Assistant Collector, Godhra, by his impugned order held that the land of block no. 185 was new tenure land and without permission, the same could not be sold. He accordingly directed cancellation of the entries, the said order was confirmed by the Collector and the Additional Chief Secretary [Appeals], Revenue Department, therefore the petitioner is before this Court.