PATEL ALKESHKUMAR MANILAL Vs. DISTRICT COLLECTOR MEHSANA

JUDGEMENT

(1.) RULE . Mr. Jaswant K. Shah, learned Assistant Government Pleader, waives service of rule on behalf of the respondents. With the consent of the learned counsel for the respective parties, the matter is being finally decided today.

(2.) THIS petition, under Article 226 of the Constitution of India, has been filed with a prayer to quash and set aside the order dated 6th March, 2007, passed by the District Collector, which is annexed as Annexure ?SS?? to the petition, and also the order dated 14th March, 2007, passed by the Mamlatdar, Visnagar, which is annexed at Annexure ?SR?? to the petition, and further to direct the respondents to grant the application filed by the petitioner dated 3rd March, 2007 requesting to record his name in Form No. 6 as the owner of the land in question.

(3.) BRIEFLY stated, the facts of the case are that the father and predecessor -in -interest of the petitioner, was the highest bidder of the land in question, bearing Survey Nos. 600, 602 and 604, admeasuring 12 Acre and 29 Gunthas, belonging to Shri Bhandu Group Co -operative Cotton Sale, Ginning Pressing Society Limited, in the auction which took place on 17th May, 1990. The said land was earlier granted to said Shri Bhandu Group Co -operative Cotton Sale, Ginning Pressing Society Limited vide order dated 22nd September, 1972 by the State Government on certain conditions. Pursuant to the public advertisement in the newspaper dated 4th May, 1990, the father of the petitioner took part in the auction held on 17th May, 1990 and was the highest bidder at Rs.10,98,000/ -. The full payment of the amount of auction money was made on 3rd November, 2003. Thereafter, the Sale Deed was executed by the Official Liquidator on 15th January, 2007, a copy of which is annexed as Annexure ?SP?? to the petition. Pursuant to the execution of the Sale Deed, the petitioner submitted an application to the Mamlatdar, Visnagar dated 3rd March, 2007, requesting him to record his name in Form No. 6, as the owner of the land in question. A copy of this application is annexed as Annexure ?SQ?? to the petition. The Mamlatdar, Visnagar, respondent no. 2 herein, vide communication dated 14th March, 2007, informed the petitioner that there is a direction from the District Collector, communicated vide letter dated 6th March, 2007, that the mutation entry regarding the sale of the land in question to the petitioner, may not be effected in the Revenue Records.