JIVIBEN MOHANBHAI KAKADIYA Vs. MAMLATDAR PALSANA

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs:

(2.) The writ applicants are the lawful owners of land bearing survey No.133/918, block No.142 admeasuring 3 Hector 59 sq. mtrs. situated at Kadodara, Taluka: Palsana, District: Surat. This parcel of land earlier was a restricted tenure land. The proceedings before the Mamlatdar, Palsana came to be initiated under Section 70(o) of the Gujarat Tenancy and Agricultural Lands Act, and the Mamlatdar, Palsana, by his order dated 30th June 2003, removed the restriction. To put it in other words, by virtue of the order of the Mamlatdar dated 30th June 2003, the land in question seized to be a restricted tenure land. This order of the Mamlatdar dated 30th June 2003 came to be taken in suo motu review by the Deputy Collector in exercise of his powers under Section 76A of the Bombay Tenancy and Agricultural Lands Act, 1948. The Deputy Collector issued a show cause notice in this regard to the writ applicants herein. This led to filing of the Special Civil Application No.8327 of 2013 by the writ applicants before this Court. The Special Civil Application No.8327 of 2013 came to be allowed by the judgment and order dated 22nd September 2016. The judgment reads as under:

(3.) Thus, with the judgment and order passed in the Special Civil Application No.8327 of 2013, the order passed by the Mamlatdar in the year 2003 came to be restored.