HARISINGH MADIA GNAVA Vs. CHICHKA DALU SANGADA

JUDGEMENT

(1.) THE petitioner has challenged an order dated 13. 4. 1996 passed by the Deputy Secretary (Appeals) Revenue Department, Government of Gujarat by which the said authority reversed the orders passed by the Deputy Collector and Collector. Question pertains to the land bearing Survey No. 175 admeasuring 1 hectare 20 acre and 39 sq. mtrs. of village Motikharaj, Taluka Dahod. As per the petitioner, same was purchased by him from respondents No. 1 to 3 in the year 1968. Question of applicability of Section 73aa of the Bombay Land Revenue Code was examined by the Deputy Collector as well as the Collector. They both found that since the sale was way back in the year 1968 and also because the sale was between two tribal, there is no breach of Section 73aa of the Code. Deputy Collector in his order dated 22. 12. 1993, in addition to holding that there is no breach of Section 73aa of the Code, further directed that names of occupants be deleted from the revenue record and name of land purchaser be entered. He however, provided that restriction of 73ab shall continue on the land purchaser also and further that land purchaser shall pay sufficient stamp duty and registration charges on the sale amount of Rs. 500/ -. The Collector refused to interfere with this order. The Secretary, however, found that though Section 73aa of the Code was not applicable in the case, sale itself was invalid. His opinion was based on following factors : 1. That the land was shown as new tenure land since 1942-1943.

(2.) THAT the sale which was allegedly effected in the year 1968 was through an unregistered document which was as per the Registration Act required to be compulsorily registered.

(3.) THAT the names of the original land owners continued in the revenue record from the year 1976-77 to 1992-1993 meaning thereby that for 16 years, they continued to be in possession and that therefore, direction to enter the name of land purchaser was improper.