MANGABHAI LALJIBHAI RATHAVA Vs. CHUNABHAI CHHELABHAI NAYAK

JUDGEMENT

(1.) The short facts of the case are that the petitioner had purchased the land. However, since the land was restricted tenure, the sale was declared invalid and the land was ordered to be forfeited as per the order dated 26.07.1976. It appears that as per the petitioner, thereafter, the order for forfeiture of the land was not acted upon and the petitioner continued to remain in possession of the land. On 01.03.1989, the order was passed by the Assistant Collector, Dahod for allotment of the land on permanent basis to respondent Nos.1 & 2. As the possession of the petitioner was sought to be disturbed, the petitioner preferred Civil Suit No. 246/89 and in the said Suit, the injunction was ultimately granted by the District Court as per the order dated 12.12.1989 in Misc. Civil Appeal No. 102/89 and the learned counsel is not having any instruction as to whether the Civil Suit is pending or disposed of now.

(2.) It appears that the petitioner also preferred Appeal against the order for grant of the land on permanent basis to respondent Nos. 1 & 2 being Appeal No. 86/89 and in the said Appeal, the District Collector found that as the matter is pending before the Civil Court, until the matter is finalised by the Civil Court, the status quo be maintained. The matter was carried in revision before the State Government by respondent Nos. 1&2 and the State Government found that the Collector ought to have decided the matter on merits and the possession of the petitioner can be said as unauthorised and therefore, the State Government allowed the revision and set aside the order of the Collector. Under these circumstances, the present petition.

(3.) Heard Mr. Dave, learned counsel for the petitioner and Mr. Chayya, learned AGP for the State Authorities. Respondent Nos. 1 & 2 have chosen not to appear.