SUBHASHBHAI BABNABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) XXXXXXXXX

(2.) This Court notices that Coordinate Bench (Coram: K.M.Thaker, J.), on 25.4.2017, in a similarly situated matter being Special Civil Application No. 7792 of 2005 has quashed and set aside the impugned order holding and observing that what is prohibited by Section 73AA of the Gujarat Land Revenue Code ( "the Code " for short) is the transfer of occupancy belonging to the person of scheduled tribe to tribal or non?tribal person. The Court held that on examination of the matter, it comes out that Secretary has not addressed the issue, which seems to have been raised by respondent No.2, that sale deed was not executed and the parties had executed only agreement to sell and sufficient stamp duty was not paid in respect of the disputed transaction, and therefore, the Authority could not take cognizance of the document and/or transaction. However, the petitioner's contention had not been addressed and nor dealt with by the Revenue Secretary. It is the say of the petitioner that the said transaction is by tribal from non?tribal and, therefore, the occupancy of land of person belonging to scheduled tribe, would not be affected. The petitioner is a person of scheduled tribe, who purchased the land in question from non?tribal, and therefore, occupancy of land of person of scheduled tribe would not get affected in any manner.

(3.) On account of the disputed transaction, it is the case of the petitioner that Section 73AA of the Code was not at all attracted and applicable. It is also his case that this vital aspect has been not taken into consideration by the Revenue Secretary while passing the order impugned. The Court, therefore, passed the order wherefrom vital finding and observations are reproduced : -?