BOCHASANWASI SHRI AKSHAR PURUSHOTTAM SWAMINARAYAN SANSTHA Vs. COLLECTOR

JUDGEMENT

(1.) THE scope of the controversy being limited, the petition is taken up for final hearing and disposal today. RULE. Learned assistant Government Pleader appearing for the respondent authorities is directed to waive service on behalf of the respondent authorities.

(2.) THE petitioner is a Trust registered under the provisions of the Bombay Public trusts Act, 1950 (the BPT Act ). The petitioner is owning various agricultural lands and is an agriculturist within the meaning of the Bombay Tenancy and agricultural Lands Act, 1948 (the Act ). Under a Deed registered on 06. 08. 2005 the petitioner purchased agricultural land bearing Survey No. 830/p/1, admeasuring 0. 29. 34 hectors and Survey No. 830/5, admeasuring 0. 30. 35 hectors, situated at kanknol, Taluka Himatnagar, Dist. Sabarkantha. Necessary entries came to be mutated in revenue records on 20. 04. 2007 being Entry No. 15737 in relation to the first parcel of land and Entry No. 12972 of 20. 09. 2005 in relation to the second survey number.

(3.) THE aforesaid mutation entries came to be cancelled by Mamlatdar, Himatnagar on the ground that there was breach of provisions of Section 63 of the Act and accordingly proceedings under Section 84c of the Act were initiated. The order dated 06. 09. 2007 made by the Mamlatdar was carried in appeal before Deputy Collector, who dismissed the said appeal vide order dated 14. 11. 2007. The petitioner preferred revision application before District collector, Sabarkantha being Revision application No. 96 of 2007. Vide order dated 06. 12. 2008 the said Authority rejected the revision application.