CHHAGANBHAI ARJANBHAI VEGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant calls in question the legality and validity of the order dated 12/05/2017 passed by the SSRD at Ahmedabad, by which, the SSRD rejected the revision application filed by the applicant herein, thereby, affirming the order of the Collector, Surendranagar dated 19/12/2014.

(2.) The dispute pertains to a parcel of land bearing survey no.404/60 admeasuring 15 Acres i.e. approximately 63,000 sq.mtrs., situated at the Village Kamalpur of Taluka Dasada, District Surendranagar. Indisputably, this parcel of land belongs to the State Government. This huge parcel of the land was allotted by the State Government in favour of one Tribhovanbhai Laghrabhai Harijan the respondent no.5 herein on a 'Santhani' basis. The allotment on 'santhani' basis is always pursuant to the policy of the State Government. If a particular person is found to a landless labourer, then to provide him with some means of livelihood, the State Government would allot the land of restricted tenure; subject to certain terms and conditions. The person in whose favour such allotment is made would always hold the land not as an absolute owner, but, for the purpose of cultivating and earning livelihood out of the same. The ownership of the land would vest and remain with the State Government. This huge parcel of land came to be transferred by the respondent no.5 herein by way of a registered sale- deed in favour of the applicant herein. The authority concerned having found such transfer to be absolutely illegal and contrary to the terms of allotment, initiated the proceedings in that regard.

(3.) The Deputy Collector, Patdi, in his order dated 25/06/2013 held as under:-