VAGHROL GRAM PANCHAYAT THRU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this letters patent appeal under clause-15 of the Letters Patent filed by original respondent No.5 in the writ-petition is to the judgment dated 1.3.2017 passed by learned Single Judge in Special Civil Application No. 13896 of 2004 whereby, learned Single Judge allowed the petition by setting aside the order dated 27/29.9.2004 passed by original respondent No.1 State authority in Revision Application No.68 of 2003 as well as order dated 30.7.2004 passed by original respondent No.2 Collector, Banaskantha and confirmed the order dated 26.2.2002 passed by Deputy Collector allotting the land admeasuring 7 Acres at Mouje-Vaghrol, Tal. Dantiwada out of Survey No. 100/4 and 1 Acre out of Survey No. 100/3, i.e. 8 Acres of land at Mouje-Vaghrol.

(2.) The facts reveal that due and legitimate allotment of 7 Acres of land at Mouje- Vaghrol, Tal. Dantiwada out of Survey No. 100/4 and 1 Acre out of Survey No. 100/3, i.e. 8 Acres of land at Mouje-Vaghrol to ex- army man is opposed by Gram Panchayat on the ground that the land as above allotted to ex- army man for the purpose of agriculture is required for expansion and development of gamtal land. As per the policy circular dated 15.2.1989 issued by Government of Gujarat, above land was allotted on 26th February, 2002 upon rendering service by the original petitioner in the Indian Army from 1986 to 2001.

(3.) Certain facts, which came to be noticed by learned Single Judge in paras 3, 3.1 to 3.5 to which there is no dispute, are reproduced hereunder.