CHHAGANBHAI B PATEL Vs. SITABEN J BHANABHAI RATHOD

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the Special Civil Application. Challenge is made by the petitioner to the order of the Deputy Collector, dated 3-9-1984 under which the sale of the land in dispute, made in favour of the petitioner, by Jivabhai Bhanabhai was held to be in breach of the provisions of S.73AA of the Bombay Land Revenue Code (hereinafter referred to as the Code) and same has been ordered to be cancelled and further order has been made for vesting of the land in dispute in the Government free from all encumbrances, and the order of the Secretary, Revenue Department dated 12th April, 1985 under which the aforesaid order of the Deputy Collector was confirmed in the revisional powers.

(2.) The Counsel for the petitioner contended that the provisions of S.73AA of the Code were enacted from 1-2-1981 whereas the Banakhat was entered into between the parties on 8-12-1980 and the part-payment of consideratrion of the sale Rs. 4,000/- has been paid. It has next been contended that the application for grant of permission for the sale has been submitted on 8th December, 1980, but it is different matter that the Prant Officer has taken the long time in deciding the said application and passed the order on 13th Febrary, 1981. The petitioner is not at fault and for the inaction, omission or slackness on part of Prant Officer, the petitioner should not have been penalised.

(3.) Shri Mukesh Patel, A.G.P. who is present in the Court was called upon to make his submissions on behalf of the respondent-State, but he made a statement that no officer of the Goverment has given the papers of the case nor any instruction in the matter to appear.