VASANJIBHAI GOKALBHAI PATEL Vs. DEPUTY COLLECTOR SONGADH

JUDGEMENT

(1.) Petitioner has challenged the orders passed by the Dy. Collector, Songadh, District Surat in Case No. JMN/73AA/Vihan-52/85, dated 30-11-1985 vide Annexure A and confirmed in Revision under Sec. 211 of the Bombay Land Revenue Code by Dy. Secretary, Revenue, State of Gujarat dated 27th February, 1987 being No. S.R.D./JMN/562/86 vide Annexure B.

(2.) Respondent No. 2 Shri Bhagabhai Manchhabhai Rathod was holding a new tenure land admeasuring 0 acre 36 gunthas of block No. 71 (of Survey No. 624) at village Vihan, Taluka Kamrej, District Surat. From the proceedings, it appears that the said Shri Bhagabhai Manchhabhai Rathod - respondent No. 2 herein was in need of money as he was required to pay Government debt as well as other debts. On 28th February, 1978, an agreement to sell came to be executed and an application for permission was forwarded under Sec. 43 of the Bombay Tenancy and Agricultural Lands Act, 1948. Prant Officer on 18-11-1980 after being satisfied granted permission under Sec. 43 of the said Act. Thereafter, a registered sale deed came to be executed on 14-7-1981 which also reveals that the said Bhagabhai Manchhabhai respondent No. 2 herein is a tribal. The land in question was 36 gunthas, less than one acre for which amount of Rs. 7,000.00 was paid and as held by the Dy. Collector, the price fixed was quite reasonable.

(3.) Proceedings came to be initiated by issuance of show-cause notice on 16-8-1984 under Sec. 73AA of Bombay Land Revenue Code, 1879 by the Deputy Collector, calling upon the petitioner herein as to why the transfer should not be declared as invalid, why transaction should not be set aside and after restoring the land to the Government why three times fine of the value of the land should not be imposed.