KESHABHAI RAMABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Ms. Dharti Ratani for Mr. Gaurav K. Mehta, learned advocate for the petitioner and Mr. Rutvij Oza, learned AGP for respondents no.1 to 3 on advance copy.

(2.) The following facts emerge from the record of the petition

(3.) That the petitioner claims to be registered trust with an object for betterment of children of Dalit Samaj. The record indicates that petitioner applied for allotment of land bearing survey no.622 paiki 1 situated at village Dehgam before the District Collector, Gandhinagar. Such application was considered by the competent authority, Gandhinagar and the District Collector, Gandhinagar rejected the application so filed on the ground that by an order dated 03.05.2012, the land which is applied for by the petitioner Trust was allotted to respondent no.4 Maheshbhai Ramabhai Patel. The said order was challenged before the learned Secretary by way of revision as provided under section 211. It deserves to be noted that the land was subjected to the proceedings under the provisions of section 84C of the Tenancy Act and for such breach, the land which was allotted to Kashiben Maganbhai as tenant of the land came to be confiscated in favour of the Government. The record indicates that by an order dated 18.11.2011, the Mamlatdar and ALT, Dehgam had issued a proclamation/notification for disposal of the said land after duly following the procedure. The valuation was fixed at Rs.610 and the same was allotted to respondent no.4 and a certificate certifying the purchase of the land as provided under form 11 came to be issued in favour of respondent no.4. It is also recorded by the learned Secretary that respondent no.4 being the heir apparent of the tenant was given the priority as having first right to purchase the land. In light of the same, the land has been allotted in favour of respondent no.4.