JAMNABEN PREMAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties. In this writ petition the counsel for the petitioners raised several contentions, but I do not consider it necessary to advert to all those contentions except the one which according to me is sufficient to allow this Special Civil Application.

(2.) The contention of the counsel for the petitioners is that the order dated 6-10-1983 of the Secretary (Appeals), Revenue Department of the State of Gujarat, Ahmedabad, has been passed in violation of the principles of natural justice. To appreciate this contention, the facts which are relevant are to be taken briefly, which are as under:

(3.) The petitioners No. 1 to 5 are the original owners and occupants of the lands bearing Survey Nos. 54 and 55 admeasuring 1 acre and 16 gunthas and 2 acres and 1 gunthas respectively of Okaf Taluka, District Ahmedabad. The petitioners No. 6 and 7 are purchasers of the said lands from the petitioners No. 1 to 5. After having obtained the permission in respect of the construction on the disputed land from the Group Gram Panchayat, Sarkhej, the petitioners have constructed a building for the purpose of running a restaurant that is a hotel building on the land in dispute. This construction is sought to be approved by the Group Gram Panchayat after verification, and Gram Panchayat is recovering the taxes.