MALTIBEN BACHUBHAI ANTROLIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this petition filed under Article 226 of the Constitution is directed against communication dated 25th January, 2018 which is described as stay order-cum-show-cause notice. The said notice is shown to have been issued in purported exercise of Section 79-A of the Gujarat Land Revenue Code. Thereby the petitioner is asked to explain as to why the land in question should not be forfeited to be reverted in the name of the State Government.

(2.) The petitioner - addressee was called upon under the impugned communication to respond to the contents of the show-cause notice by remaining personally present on the date fixed and indicated in the notice. Instead of appearing before the authority on the day indicated, that is 14th February, 2018, the petitioner filed the present writ petition on 21st March, 2018 seeking to question the said notice.

(3.) The show-cause notice was in respect of land bearing Survey No.256 Paiki admeasuring 04 Acres and 20 Gunthas situated at Village Kuchiyadad, Taluka Rajkot. Land was originally a government waste land, which came to be allotted in santhani to one Koli Ravabhai for agricultural purpose as a new tenure land and the possession was handed over. The present petitioner is the purchaser from the heirs of the said allottee Koli Ravabhai who died in October, 1988. It appears that upon an application from one of the heirs of the allottee, the authorities considered it necessary to ascertain whether the possession was of the same land area which was allotted. Therefore the Mamlatdar, Rajkot, along with the Panchas took out the site inspection and measured the land on 15th October, 2017. After further procedure of verification etc. having been undertaken, the aforesaid show-cause notice came to be issued to the petitioner as well as to the heirs of the original owner.