VELJIBHAI RAMJIBHAI KOSHIYA Vs. COLLECTOR

JUDGEMENT

(1.) Instead of hearing this Civil Application seeking the relief as prayed for, it would be appropriate to take up the main matter itself for hearing as the same can be disposed of at the admission stage.

(2.) It appears from the materials on record that the writ- applicants herein purchased a parcel of land bearing Survey No.55/2 + 67 Block No.286 admeasuring 1-Hectare-12- sq.meters situated at village Kachhab, Taluka Olpad, District Surat. This parcel of land came to be purchased by the writ- applicants from one Chetankumar Ratilal Desai and Bhavinkumar Ratilal Desai. The original owner of this parcel of land was one Ambaben Babarjibhai Desai. Ambaben Babarjibhai Desai passed away on 29th August 1987. On 3rd June 1983, Ambaben executed a Will in favour of Chetankumar Ratilal and Bhavinkumar Ratilal. At the relevant point of time, both were minors. Their mother Kamuben Ratilal Desai was the natural guardian. The execution of the Will led to mutation of Entry No.1287 in the record of rights. At the time when the applicants purchased the land, the same was an old tenure land for the purpose of agriculture. After the purchase of the land by a registered sale-deed, an entry came to be mutated in the record of rights in the name of the applicants bearing No.2020 dated 10th April 2006.

(3.) It appears that the applicants preferred an application dated 7th April 2016 addressed to the Collector, Surat, for conversion of the tenure of the land for industrial purpose, i.e. conversion of new tenure land to old tenure for industrial purpose. The Collector, Surat, instead of deciding the application one way or the other, has thought fit to file the same. The reason assigned by the Collector is that the acquisition of title by Chetenkumar Ratilal and Bhavinkumar Ratilal through the Will of Ambaben Babarjibhai Desai appears to be doubtful. In view of such doubt entertained by the Collector, the Collector thought fit not to take any decision on the application filed by the writ-applicants and ordered the application to be filed.