DEVENDRA CHIMANLAL DAVE Vs. DISTRICT COLLECTOR GANDHINAGAR

JUDGEMENT

(1.) By way of this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner - a registered public trust has prayed for the following reliefs:

(2.) Facts of the case of the petitioner are that the petitioner is the Trust namely Koteshwar Mahadev Trust (for brevity, "the Trust"), who was given permanent grant under Sanad No. 113/1864 as back as in 1864 A.D. of lands admeasuring 564 acres, 4 gunthas of then unsurveyed Inam village: Koteshwar. The Trust is registered at No. A-1795 under the Bombay Public Trusts Act, 1950 (for brevity, "the Trusts Act") and the entire land was found under Section 19 of the Trusts Act as the property of the Trust. Of the said land, lands admeasuring 432 acres, 33 gunthas, given under survey Nos. 1 to 12 and 14 to 150 which were cultivated by the tenants of the Trust, were declared to have been deemed purchased by the tenants under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 and the remaining land bearing survey Nos. 13 (0.39 guntha), 151 (129 acres and 03 gunthas) and 152 (0.14 gunthas), total admeasuring 131 acres 11 gunthas continued to be of the ownership of the Trust, which is the subject matter of the present petition. The said land was partially cultivated, in part of the land, grass was cultivated and the part of the land was used for grazing for the cattle and remaining part remained fallow. It is the case of the petitioner that without holding an inquiry whatsoever under the Bombay Land Revenue Code, 1879 (for brevity, "the Code"), the Trusts Act or the Devasthan Act, a mutation entry dated 19.11969 was posted in the revenue records indicating that the land had vested in the State Government. The Mamlatdar, as designated Collector under the Code, started inquiry under Section 37(2) of the Code, which is numbered as 7 of 1972 and by order dated 15.11.1976, it was held that the subject land belonged to the Government. Against the said order of the Mamlatdar, appeal being TEN.A.A. 93 of 1980 was preferred before the Gujarat Revenue Tribunal (for brevity, "the GRT") and the GRT, by order dated 01.03.1982, set aside the order of the Mamlatdar on the ground of non-joinder of necessary parties and remanded the matter to the Mamlatdar. The Mamlatdar, thus again held inquiry under Section 37(2) of the Code and by order dated 01.09.1988 held that the subject land vested in the State Government under Section 8 of the Devasthan Act and was of the ownership of the State Government. Against the said order of the Mamlatdar, the trustees preferred appeal being No. 44/88 before the Deputy Collector, Gandhinagar (Prant Officer). The Prant Officer, Gandhinagar by judgment and order dated 24.10.1991 allowed the said appeal and set aside the order dated 01.09.1988 of the Mamlatdar. Pending the said appeal, the trustees had entered into an agreement with Manoramya Resorts on 20.07.1989. It is further the case of the petitioner that District Collector, Gandhinagar issued show-cause notice dated 15.01.1992 to the trustees under Section 211 of the Code as to why the order of the Prant Officer, Gandhinagar dated 24.10.1991 not be set aside. However, no appeal was filed by the State against the order dated 24.10.1991. The trustees objected the revision of the order dated 24.10.1991. The Collector, by judgment and order dated 06.04.1992, set aside order dated 24.10.1991 and restored the order dated 01.09.1988 of the Mamlatdar. Against the said order of the Collector, the trustees preferred appeal being No. TEN.A.A. 22/92 before the GRT, which, by order dated 27.08.1993, came to be dismissed, being aggrieved and dissatisfied with which, present petition is filed by the petitioner.

(3.) Heard, learned advocate Mr. Unwala appearing on behalf of the petitioner and learned Assistant Government Pleader Mr. J. K. Shah, for the respondent - State.