JIVABHAI MULABHAI PATEL Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The petitioner has purchased the suit land by a registered sale deed on 27th April, 1978 from respondent No. 4. He was granted the land as (Pasayata Service Tenure) new tenure land which could not be transferred without the permission of the Collector. Though initially the revenue entry No. 371 of this sale was made on 4th March, 1981, it was not approved by the Deputy Collector by his order dated 25th March, 1982, on the ground that the sale was in breach of the condition of new tenure. Thereafter, on 10th September, 1984, a show cause notice was issued to the petitioner to show cause as to why the land should not be forfeited to the Government.

(2.) The authorities came to the conclusion that undisputedly the land was non-transferable new tenure land and has been sold without permission. However, the petitioner prayed that having regard to the vendor's need to sell, the lapse of time, the payment of consideration and the investment made on the land by the petittioner, the case was required to be considered for regularisation. The Secretary (Appeals), Revenue Department, held that there is no provision for regularising the same.

(3.) The learned counsel for the petitioner has drawn my attention to the statutory provision in Sec. 73-B of Bombay Land Revenue Code, 1879. It reads as follows: