VINESH DEVCHAND Vs. JOINT SECRETARY (APPEALS)- REVENUE DEPARTMENT

JUDGEMENT

(1.) The present writ application preferred under Articles 226 & 227 of the Constitution of India calls in question legality and validity of an Order dated 16th March 2006 passed by the Joint Secretary [Disputes], Revenue Department, Gandhinagar confirming the Order dated 24th September 2005 passed by the Collector, District-Porbandar terming the same as erroneous and against the provisions of the Bombay Land Revenue Code.

(2.) Aggrieved petitioner challenged the said Order dated 24th September 2005 before the Revenue Secretary [Disputes], Revenue Department, which too went against the petitioner-firm vide Order dated 16th March 2006, and hence, the present writ petition. Heard learned advocate Ms. Mohini Bhavsar for Mr. Bharat Jani, learned advocate for the petitioner and Ms. Jirga Jhaveri, learned Asstt. Government Pleader for the respondent no. 2 and Shri RC Kakkad, learned advocate for the respondents no. 3 & 4.

(3.) It is further submitted that the revision application preferred by the respondents no. 3 & 4 on the ground that the petitioner-firm had not obtained permission for purchase of agricultural land, and said land cannot be held by a partnership firm, being non-agriculturists, they had prayed before the Collector to cancel the said entry in exercise of powers under Section 211 of the Bombay Land Revenue Code ["BLRC" for short]. That, the said revision application was filed before the respondent no. 2 herein on 21st October 2003, while the revenue entry was made in the year 1979. That, the said revision application was preferred by the non- interested persons, and that too, after a period of 24 years. That, the order passed by the learned Collector as well as the respondent no. 1 herein are against the provisions of land and settled principles of law.