STATE OF GUJARAT Vs. MAGANBHAI LAXMANBHAI

JUDGEMENT

(1.) HEARD learned Assistant Government Pleader Mr. Anand L. Sharma for the appellant-State. Mr. P. N. Bavishi, learned advocate for respondent no. 1 is not present.

(2.) STATE of Gujarat, through Legal Department is before this Court being aggrieved by the judgement and order dated 28th July 1980 passed by the learned District Judge, Bharuch, in Regular Civil Appeal No. 120 of 1979. Regular Civil Appeal No. 120 of 1979 was filed against the judgement and decree dated 29. 09. 1979 passed in favour of the respondent-plaintiff in Regular Civil Suit No. 624 of 1976 by the learned Civil Judge, Senior Division, Bharuch.

(3.) THE plaintiff had filed the suit against the defendants for a relief of declaration to the effect that Notification No. L. No. 3961/ 4109-G dated 04. 04. 1961 is illegal, invalid, null and void and the consequential relief of injunction, etc. The above notification was issued by the State Government in exercise of powers conferred under section 73 (a) of the Bombay Land Revenue Code, 1879. The suit land consists of an agricultural field bearing Survey No. 612 Paiki admeasuring 2a - 8g situated in Village Jambugam, Taluka Valia, District Bharuch. The land in question was admittedly sold after 1961 and in the year 1973, Revenue officers of the State Government at different levels initiated proceedings by virtue of the above Notification dated 04. 04. 1961.