JAYRAM DEVJI KHIMJI BHANUSHALI Vs. COLLECTOR

JUDGEMENT

(1.) As in both the matters common question arises for consideration they are being considered by this common order.

(2.) The short facts of the case are that both the petitioners applied to the Deputy Collector for allotment of the land of Government Tower No.173 and the application was made for the land admeasuring one acre and 30 gunthas on the ground that the Government waste land is situated adjacent to the land belonging to the concerned petitioner's land bearing Survey No.22/1 and 22/2. It appears that the Mamlatdar gave opinion recommending in favour of the petitioners and ultimately on 14.11.1994 an order was passed by the Deputy Collector for allotment of the land to the petitioners. The petitioners had paid the amount and thereafter, the formal order of allotment was also passed. As per the petitioners after taking over the possession of the land, they constructed pucca compound wall over the land and made further huge investment of about Rs. 80,000/-. It appears that on 22.06.1995, the District Collector issued a show-cause notice for suo motu exercise of the power under Section 211 of the Bombay Land Revenue Code (hereinafter referred to as the 'Code') for taking up the matter in Revision against the order passed by the Deputy Collector for allotment of land to both the petitioners. The petitioners submitted reply and ultimately the District Collector passed the order on 04.10.1995 whereby the order of the Deputy Collector for allotment of land is cancelled and the Mamlatdar is directed to take back possession and the petitioners are also directed to get the refund of the amount paid by them. It appears that the petitioners further carried the matter in Revision before the State Government and the said Revisions vide order dated 12.06.1996 are dismissed and it is under these circumstances, the present petitions.

(3.) Heard Mr.Jani, learned advocate for the petitioner and Mr.Satyam Chhaya, learned A.G.P. for the State authorities.