NAJKUNVARBHAI CHAPRAJBHAI Vs. MAMLATDAR AND ALT

JUDGEMENT

(1.) THE short facts of the case are that as per the petitioners, the petitioners were holding various parcels of the agricultural land, including the land situated at Village Dhoba, Taluka Savarkundla. As per the petitioners, since the lands were in excess of the ceiling area under the Gujarat Agricultural Land Ceiling Act (hereinafter referred to as "the Act"), the case was registered qua the petitioners vide Ceiling Case No.438 and No.439 and the land admeasuring 43 acres and 17 gunthas together with the other lands were declared as excess lands. It is not in dispute that the matters were carried before the Tribunal and the Tribunal also confirmed the position that the land admeasuring 43 acres and 17 gunthas is a surplus land to be acquired by the Government. However, as per the petitioners, the land could be acquired after giving opportunity of selection since the Tribunal ordered accordingly. It appears that Special Civil Application No.524 of 1992 was also preferred against the decision of the Tribunal and vide order dated 27.1.1992 the Special Civil Application was dismissed. It appears that the Dy. Collector passed the order on 29.9.1992 for allotment of the land bearing Survey No.290/1 at Village Dhoba together with the other land admeasuring 49 acres and 29 gunthas to one Savarkundla Taluka Anusuchit Jati Sanyakt Khet Sahkari Mandali and it is under these circumstances the petitioners have approached this Court by preferring the present petition.

(2.) I have heard Mr.Adeshra, learned Counsel for the petitioners and Mr.Chhaya, learned AGP for the State authorities.

(3.) IT deserves to be recorded that the document, which is produced at Annexure "E", which is impugned in this petition, is not reflecting the correct typed copy inasmuch as the lands, which are proposed to be allotted by the impugned order vide Item No.1 is at Village Bhokarva and not Khoderva as typed in the Annexure "E" and the correct Survey number is No.94 Paiki and not No.84 paiki as typed. Even for Item No.2, the name of the Village is Senjal, whereas it is wrongly typed as Gunja and the correct area of the land bearing Survey No.24 admeasuring 27 acres and 03 gunthas, whereas it is wrongly typed as 20 acres and 3 gunthas. There are two lands of Village Senjal. The land of Village Dhoba, which is the subject matter of the present petition, is wrongly typed as Dhokha and the correct Survey Number is No.290/1 Paiki, but is wrongly typed as Survey No.20/1 Paiki.