COLLECTOR Vs. SARDAR SAMUDAIK KHET SAHAKARI MANDLI LIMITED

JUDGEMENT

(1.) LEAVE to amend the cause title of the petition is granted.

(2.) THE petitioner herein is the State of Gujarat, and has filed this petition through the Collector, Gandhinagar, challenging the legality of the order dated 17.7.2006, passed by the Joint Secretary (Appeals), Revenue Department (respondent No.2), in Revision Application No.23 of 2006. By the impugned order, though the respondent No.2 has dismissed the revision application of the Sardar Samudaik Khet Sahakari Mandali Limited (respondent No.1) on the ground of delay, certain directions have been issued regarding fixation of premium, pursuant to the application filed by the respondent No.1, before the Collector.

(3.) BRIEFLY stated, the facts emerging from a perusal of the petition are, that the respondent No.1, which is a society registered under the provisions of the Gujarat Cooperative Societies Act, was allotted land bearing Block Nos.1079 and 679 admeasuring 0 Hectare, 57 Are and 08 sq.mtrs. and 3 Hectare, 63 Are and 88 sq.mtrs., situated at village Santej, Taluka: Kalol, District: Gandhinagar, vide order dated 25.8.1980, on new tenure basis, under the provisions of Section 29 of the Gujarat Agricultural Lands Ceiling Act, 1961 ("the Act" for short). In the year 2001, the respondent No.1 made an application to the Mamlatdar, Kalol, for converting the said land from new tenure land to old tenure land. By an order dated 02.6.2001, the Mamlatdar allowed the application and passed an order converting the land from new tenure to old tenure, with certain conditions, only for agricultural purposes. According to the conditions stipulated in the order dated 2.6.2001 of the Mamlatdar, the permission for non -agricultural use of the land could be obtained from the competent authority, i.e. the Collector, upon payment of the amount of premium. This order of the Mamlatdar was confirmed by the Prant Officer, vide order dated 11.2.2003.