SURSANGJI DHOLAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Vishrut Jani, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondents. On the facts, and in the circumstances of the case, and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) This petition under Articles 226 and 227 of the Constitution of India has been preferred with the following prayers:

(3.) The brief factual background in which the petition has been filed may be recapitulated. This is the third round of litigation before this Court. Land bearing revenue Survey No.358, at present Block No.482, admeasuring 5 Acres and 37 Gunthas, situated at Bopal, Ahmedabad, was declared as Government waste land as per revenue Entry Nos.2494, 2575, 2579 and 2580. Out of the said land, one parcel of land admeasuring 1 Acre and 20 Gunthas was granted to Ganpatji Becharji. Another parcel of land admeasuring 1 acre and 22 Gunthas was granted to Elavanji Chhagaji. A third parcel of land admeasuring 0 Acre and 30 Gunthas was granted to Pathaji Shanaji and the fourth parcel admeasuring 0 Acre 25 Gunthas was granted to Shivaji Hemaji. The said land was granted by the State Government under its existing policy. The case of the petitioner is that the remaining land out of Block No.482, admeasuring about 1 Acre and 20 Gunthas was in the possession of, and under cultivation by, the petitioner since decades. Hence, the petitioner was also entitled to receive the benefit of the said policy as was given to similarly situated persons.