RAM NAGAJAN KARAMATA RABARI Vs. COLLECTOR

JUDGEMENT

(1.) THIS petition challenges order dated 20/11/2008 (03/12/2008) made by the Revisional Authority as well as order dated 30/09/2003 (issued on 18/03/2004) by the Deputy Collector. The Deputy Collector made the order in breach of condition case No. 9 of 1998-99 in the backdrop of following facts and circumstances of the case.

(2.) ON 16/08/1967 land bearing Survey No. 56 admeasuring 5 Acres 2 Gunthas, Survey No. 62 admeasuring 10 Acres 24 Gunthas and Survey No. 60 Paiki 4 Acres 22 Gunthas of Village Danderi, Tal. Maliahatina, Dist: Junagadh was regranted to father of respondents No. 4 and 5 as aevadia land by District Collector, Junagadh. On 25/04/1970 the land was divided amongst respondents No. 4 and 5 on demise of their father. Subsequently two sale-deeds in relation to Survey No. 56 were executed by respondents No. 4 and 5 in favour of respondent No. 3. Subsequent thereto petitioner purchased the said land of Survey No. 56 Paiki admeasuring 2 Acres 26 Gunthas and 2 Acres 16 Gunthas on 07/06/1976 under two different sale-deeds bearing Registration No. 345 and 344 respectively. It is the case of the petitioner that the petitioner developed the land and commenced cultivation.

(3.) AFTER issuance of show-cause notice to respondents No. 4 and 5 as well as one more brother the Deputy Collector forfeited the land directing vesting of the same in the Government on the ground that the land had been transferred unauthorizedly, the land being of new tenure.