BHIKHUBHAI NAGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution challenges the order dated August 31, 1984 passed by the State Government purporting to act under the provisions of Sub-sec. (2) of Sec. 5 of the Saurashtra Estates Acquisition Act, 1952 (hereinafter referred to as the Act).

(2.) The facts giving rise to the present petition briefly stated, are that the petitioner claims to have purchased, by a registered said-deed dated May 5, 1980, land being survey No. 37 (part) asdmeasuring 12 acres 7 gunthas and survey No. 38 (part) admeasuring 7 acres 33 gunthas from Rameshchandra Trambakrai Munshi and others (hereinafter referred to as the Vendors). The lands are situated in village Khakharia, taluka Vadia, District Amreli. According to the petitioner, when he approached the concerned revenue official for mutating his name in the revenue record in respect of the aforesaid lands, the petitioner was told that it was necessary for the petitioner to obtain sanction/permission of the Collector for the sale of the said lands in his favour under the provisions of the aforesaid Act, as the lands were earlier granted to the Vendors-Barkhalidars subject to the condition that they shall not be sold without prior permission of the Collector. The petitioner, therefore, made application to the Collector, Amreli for the grant of sanction for the said sale. According to the petitioner, the Collector did not decide the said application and forwarded the same to the State Government and without giving any opportunity of hearing either to the petitioner or the Vendors-who were Barkhalidars, the State Government passed the impugned Notification dated August 31, 1984 purporting to acquire the said lands and to declare that with effect on and from the date of publication of the notification in the official gazette, all the rights, title and interest of the said Barkhalidar in respect of the said lands shalal vest and shall be deemed to have vested with all rights in or over the same appertaining thereto, and all rights held by the said Barkhalidars in the said land shall be deemed to have been extinguished. The said notification is produced at Annexure B to the petition. Consequent thereto the Mamlatdar, Vadia, issued notice dated January 1, 1985 calling upon the petitioner to hand over the possession of the aforesaid parcels of land.

(3.) The aforesaid notification dated August 31, 1984 and the notice dated Januray 1, 1985 are challenged in the present petition. While entertaining and admitting this petition, this Court had granted interim stay of the impugned notification.