CHIMANBHAI KESHAVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR .Vikram Thakor, learned counsel for the petitioners, Mr.Vibhuti Nanavati, learned counsel for the respondent Nos.3/1 to 3/3 and Mr.L.R. Pujari, learned Assistant Government Pleader for the respondent No.1 State. None for the respondent No.2. Though the name of Mr.P.S. Oza, learned counsel appears for the respondent No.2, there is not representation on his behalf, I proceed ex -parte against the respondent No.2.

(2.) BY this writ application, the petitioners seek to challenge the correctness, validity and propriety of the order dtd.7/12/1985 passed by the Deputy Collector (Land Reforms), Ahmedabad in Tenancy Appeal No.45 of 1985 and order dtd.23/11/1990 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/71 of 1986.

(3.) SHORT facts necessary for disposal of the present writ application are that the land bearing Survey No.288 admeasuring 101 Acres and 21 Gunthas of village Moraiya, Taluka Sanand, District Ahmedabad belonged to one Kasturbhai Lalbhai, since deceased. After coming into force of Sec.32 -G w.e.f. 1/4/1957 of Bombay Tenancy and Agricultural Lands Act, 1940 ("the Act" for short), the State Government wanted to confer rights on the son of the soil, or on the tiller, who was in possession of the property as a tenant. Accordingly, the case of land bearing Survey No.288 and other survey numbers was taken up for disposal of the land under those Survey Numbers. By order dtd.7/2/1969, learned Mamlatdar -cum -Agricultural Lands Tribunal ("the ALT" for short), Sanand in Case No.168 of 1969, allotted 3 Acres of Survey No.284, 5 Acres and 32 Gunthas of Survey No.288 and 1 Acre and 8 Gunthas of Survey No.312, in favour of one Keshavbhai Haribhai, father of the petitioners. After the said order was made, the father of the petitioners was required to deposit the purchase price. On deposit of the said money, under sec.32 -M of the Act, a certificate of title was issued in favour of the petitioners' father. For the petitioners' father and the State, that was the end of the matter. Neither the original owner, nor anybody else ever challenged the order dtd.7/2/1969 either before the said Mamlatdar or before any appellate or revisional authority. The name of the Keshavbhai Haribhai was reflected in the Village Form No.7/12 since 1955 -56. It is to be noted that either during the process of allotment or after the allotment or after the issuance of the certificate under sec.32 -M of the Act, none appeared and challenged the proceedings or the Certificate.