SAJNI RAJANBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these appeals filed under Clause 15 of the Letters Patent arise against common judgments and order rendered by learned Single Judge in the writ petitions, the issue involved is also common, hence, with the consent of learned counsel for the respective parties, they have been heard together and are being disposed of by this common judgment.

(2.) In the first set of petitions, i.e. Special Civil Application Nos.6157 of 2011, 6158 of 2011 and 6159 of 2011 against which Letters Patent Appeals No.125/2017, 124/2017 and 123/2017 are filed by the appellants - original petitioners, directions were sought against the Collector, Gandhinagar, to take steps under Section 79A of the Gujarat Land Revenue Code, 1879 ("the Code") to summarily evict whoever was in occupation or possession of the lands in question, and to hand over possession thereof to the petitioner. The petitioner had also sought directions against the respondent No.1 to exercise its powers under Section 88D of the Gujarat Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act") and to withdraw the exemption granted to the lands in question under Section 88A of the Tenancy Act. The petitioner had also sought declaration that the sales/transfers of the lands in question are contrary to law, void, having no effect and that the petitioner had the complete and lawful right, title and interest over the lands in question.

(3.) In the second set of petitions, i.e. Special Civil Application Nos.17975/2011, 1633/2012, 6335/2012, 6336/2012, 6152/2012, 7050/2012, 6146/2012, 1639/2012, 1640/2012, 1643/2012, 1644/2012, 1646/2012, 2199/2012, 2200/2012 and 6452/2012, against which Letters Patent Appeals No.74/2017, 73/2017, 76/2017, 82/2017, 77/2017, 121/2017, 78/2017, 81/2017, 80/2017, 116/2017, 75/2017, 72/2017, 79/2017, 66/2017 and 120/2017, the original petitioners appellants had challenged the show-cause notices issued by the respondent authorities under Section 79A of the Code calling upon them to show cause as to why action should not be taken in respect of the subject lands, which were allotted under the Bhoodan Yagna, to the respective donees for their personal cultivation, and the said lands having been sold out by such donees in violation of the conditions of the Bhoodan Lekh.