RAJKOT TALUKA ANUSUCHIT Vs. SV KARIA

JUDGEMENT

(1.) THIS petition is filed by the petitioner-society registered under the Gujarat Cooperative Societies Act, 1961 bearing registration No. KH/746 dated 19. 12. 1983. The above society is formed by members belonging to Scheduled Caste community and the objects of the petitioner-Society is to acquire agricultural land for its members, who are agriculturists for the purpose of cultivation. Accordingly, the petitioner-Society was allotted surplus lands of various villages by the competent authority on 21. 01. 1984 as new and impartible tenure for cultivation.

(2.) LEARNED counsel for the petitioner submits that all the members of the society belong to Scheduled Caste community and as on date they continued to be members of the society and audit of the accounts of the society is also carried out. Initially, vide order dated 20. 06. 1995, interim relief was granted protecting possession of the lands in question and later on vide order dated 03. 07. 1995 while issuing Rule status quo granted earlier was ordered to be continued and since then the members of the petitioner-society are in possession of the lands in question and they are cultivating the lands. Learned counsel for the petitioner further submits that the impugned order dated 21. 05. 1995 passed by the Assistant Collector, Rajkot by which lands of villages Ratanpara, Vejagam and Gavridhad were ordered to be confiscated while lands of villages Khijadia, Samathiyala, Sokhada, Parapipaliya, Gavridhad, Hadmatiyakhedi and Kalipat were ordered to be given to the petitioner for agricultural purpose for a period of one year, but the petitioners continued to remain in possession of the above lands and even revenue records will indicate that the members of the petitioner are cultivating the lands in question, including the lands which were ordered to be confiscated.

(3.) LEARNED AGP submits that since the members of the petitioner-society failed to carry out agricultural activity, competent authority issued notice dated 09. 08. 1994 and after hearing the petitioner and following the procedure, the competent authority found that lands in question remained uncultivated and in 167 acres of lands, scattered cultivation was found and passed the impugned order. Learned AGP submits that the impugned order is just and proper and no interference is called for by this Court in exercise of powers under Article 226 of the Constitution of India.