CHANDULAL H GHODASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions are disposed of by this common judgment since identical questions of law and facts are involved. Except change in Survey Number and names of parties, all the relevant facts and documents are same identical hence for the sake of convenience, relevant documents produced in Special Civil Application No. 9602 of 1996 only are referred to in this judgment hereafter.

(2.) Petitioner has approached this Court with a request for issuing writ of Prohibition or Mandamus or any other appropriate writ, quashing and setting aside the impugned notice dated 14-8-1995, issued under Rule 108(6) of the Gujarat Land Revenue Rules, 1972 (hereinafter referred to as "the Rules") and restraining the respondent No. 2, Collector, City of Rajkot, from taking any action pursuant to the impugned notice, Annexure "I".

(3.) Briefly stated, the facts giving rise to this case are as under : The petitioner purchased from respondent No. 6, Mansukhbhai Savjibhai Patel, a piece of non-agricultural land bearing Final Plot No. 95 admeasuring 418 sq.mt., by registered sale deed dated 25-3-1991 for consideration of Rs. 1,85,500.00. The said plot of land is included in the Town Planning Scheme No. 1 Raiya - Rajkot for which a declaration was made on 13-7-1978 and ultimately was sanctioned by the Government vide Notification, Annexure "D", dated 28-6-1990. In pursuance of the said sale transaction, Mutation Entry No. 4725 dated 2-4-1991 was made in the record of rights of village Raiya. The same was also certified by the Mamlatdar, Rajkot, vide certification dated 6-5-1991.