GOVINDBHAI ALKHABHAI AMIN Vs. COLLECTOR, DISTRICT ARVALLI

JUDGEMENT

(1.) Heard learned advocate, Mr. R.K. Mansuri for the petitioners and learned AGP Mr. K.M. Antani for the respondent no. 1 - State. Though Rule is served, nobody appears for the respondent no.2.

(2.) It is contended by learned advocate for the petitioners that land bearing Survey Nos.435, 436, 437, 438 p. were allotted to the respondent no.2 - Gujarat Rural Housing Development Board ("the board" for short) for the object of construction of residential house for the poor persons by the respondent no.1 on certain terms and conditions. It is submitted that the respondent no.2 - board constructed certain houses on the land bearing Survey Nos.435 and 438 and the petitioners have purchased the property from the respondent ? board by way of registered sale deed. Learned advocate for the petitioners referred to the documents annexed with the petition.

(3.) It is submitted that by way of impugned order passed by the respondent no.1, copy of which is produced at Page No.14 of the compilation, whereby without giving opportunity of being heard to the board or to the present petitioners, who are affected parties, the land in question i.e. land bearing Survey Nos.435, 436, 437, 438 p. admeasuring 15 ?00 Acre ? Guntha are vested in the State government and, therefore, the petitioners have challenged the said order by filing present petition.