RADHESYHAM LALURAM KABRA Vs. SHANTILAL MANILAL SOLANKI

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India praying for declaration that the order dated 23. 4. 2007 passed by the Gujarat Revenue Tribunal in Revision Application No. 501 of 1995 is illegal and bad in law and the same is required to be quashed and set aside. The petitioner has also prayed for the declaration that the ex-parte order dated 18. 7. 1994 passed by the Dy. Collector in the suo motu revision in TNC/revision/case No. 72/73/92 cancelling the order dated 25. 2. 1991 passed by the Mamlatdar and ALT in Tenancy Case No. 459/460/43/bhang/84c/90 is outside his jurisdiction and it is illegal and the same is required to be quashed and set aside.

(2.) HEARD Mr. Shalin Mehta, learned advocate appearing for the petitioner and Ms. Trusha Patel, learned Assistant Government Pleader appearing for the respondent State.

(3.) IT is the case of the petitioner that originally the subject matter of the land in Survey No. 3319/2 admeasuring 0-41-48 and Survey No. 3325 admeasuring 0-12-14 of Kakrakhad Party, Nadiad was sold through Court under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 with tenancy right to respondent No. 2 i. e. Shankarbhai Punjabhai Parmar. However, the said Shankarbhai Punjabhai Parmar could not pay the purchase price and hence public auction of the said land was held. The respondent No. 1 i. e. Shantilal M. Solanki residing at Nadiad purchased the said land at the auction. Since the auction purchaser of the land was not in possession of the said land and the respondent No. 2, who originally obtained it with tenancy right was not willing to purchase the land, by resolution it was decided to vest the land in question with the Government and to dispose of the same in accordance with the provisions of Section 84c of the Tenancy Act. Thereafter, mutation entries were made in the revenue record by the concerned authority of Nadiad. Based on the resolution dated 7. 1. 1991 public notice in Form No. 11 under Section 84c of the Tenancy Act was sent to the Talati-cum-Mantri. The said notice was published at Panchayat Office for wide circulation, which was also served on the original petitioner. The Talati-cum-Mantri submitted a report that no one belonging to SC, ST, agriculturist or landless category either as individual or as a society was ready and willing to purchase the said land. By an application dated 21. 1. 1991 the father of the petitioners, namely, Laluram Mohanlal Kabra having possession of the land had shown his willingness to purchase the said land. Even the earlier tenancy right holder or the auction purchaser has not lodged his claim to purchase the said land. By notice dated 22. 2. 1991 the father of the petitioners was asked to remain present and he remained present in the proceedings and filed reply stating that he was agreeable to purchase the said land at a price fixed by the authority and as per the conditions laid down by the Government and also agreed to cultivate the land as he was having agricultural equipments. He had also stated that he was holding the land admeasuring 0-11-93 at Kakrakhad Party of Nadiad in Survey Plot No. 308. Considering all these documents, the Mamlatdar and ALT Nadiad vide his order dated 25. 2. 1991 granted the said land to the father of the petitioners at a sale price of Rs. 1500/- as new tenure and restricted type of land on certain conditions.