ABHESINH K SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admitted. Mr. M.F. Mehta learned A.G.P. waives service of notice of admission. In the facts and circumstances of the case and with the consent of the learned Advocates, the matter is taken up for final hearing today. This Letters Patent Appeal is directed against the order of the learned single Judge dated 22.2.1996 by which he dismissed Special Civil Application No. 9952/95.

(2.) The appellants-petitioners have purchased land of Survey Number 1069 admeasuring 27 gunthas situated in village Fagvel, Taluka Kapadwanj, District Kheda on 12.11.1990. Government of Gujarat took a suo motu action against the appellants under the provisions of Sec. 65 of Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the said Act) through its officer-the Deputy Collector, Kheda to resume the said land by passing an order on 14.7.1995. Therefore, the original petitioner have come before this Court to challenge the said order by filing SCA No. 9952 of 1995 under Art. 226'of the Constitution of India. The learned Single Judge by his order dated 22.2.1996 rejected the petition on the ground that the petitioner ought to have gone in appeal before the Gujarat Revenue Tribunal. However, while passing the order the learned single Judge has observed in his order as under :

(3.) The petitioner have come before this Court having felt aggrieved by the decision of the learned Single Judge. Admittedly the action taken against the petitioners was an action under Sec. 65 of the said Act. Sec. 65 of the said Act runs as under: