HARSHADBHAI MANSUKHBHAI PATEL Vs. SECRETARY REVENUE DEPARTMENT(APPEALS)

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicants call in question the legality and validity of the order dated 12th August 2016 passed by the Special Secretary of the Revenue Department (Appeals), by which, the S.S.R.D. rejected the revision application filed by the applicants, thereby affirming the order passed by the District Collector, Tapi, dated 16th June 2014.

(2.) The facts of this case may be summarised as under: 2. 1 The dispute pertains to a parcel of land bearing block No.164 admeasuring approximately two hectors situated at Mouje: Chorvad, Taluka: Songadh, District: Tapi. The land is of a restricted tenure land. The provisions of Section 73AA of the Gujarat Land Revenue Code are applicable to the land in question. The petitioners Nos.2 to 6 being the tribals and the land came to be alloted to them. 2. 2 It appears from the materials on record that the tribals decided to part with 5325 sq. mtrs. of land from the total land in favour of the petitioner No.1, who is a nontribal. It is in dispute that a rent agreement came to be executed between the parties duly signed. The petitioner No.1 starting utilising the land for commercial purpose i.e. for his business purpose. The lease agreement executed between the parties is for a period of ten years. The tribals are to draw a rent of Rs. 25,000/( Rupees Twenty Five Thousand only) per year. 2. 3 The transaction between the petitioner No.1 and the tribals came to the notice of the Collector, Tapi. The Collector passed an order forfeiting the land to the State Government as the lease agreement between the parties was in breach of the provisions of Section 73AA of the Gujarat Land Revenue Code. 2. 4 Being dissatisfied with the order passed by the Collector, Tapi, the petitioner went before the S.S.R.D. by filing a revision application. The S.S.R.D. rejected the revision application holding as under:

(3.) Being dissatisfied, the applicants are here with this petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.