DHANERA BANDHUSAMAJ SARVAJANIK PUSTAKALAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal filed by the original petitioner under Clause 15 of the Letters Patent, for challenging the legality and validity of the order passed by the learned Single Judge dated 19.11.2018 in Special Civil Application No. 8895 of 2018.

(2.) The background of fact upon which the present appeal is submitted is that land bearing Sheet No. 35, City Survey No. 2418 admeasuring 253.66 Sq.Mts., situated at Village Dhanera, Taluka : Dhanera, District Banaskantha, which is a disputed land, according to the appellant. The appellant was allotted land admeasuring 1033.01 sq.mtrs., including the land in question was granted by the State authority on 03.04.1956 and on 01.10.1961, Sanad came to be issued in favour of the appellant - Trust. The said grant was for the purpose of running a Library, which the appellant - Trust is running since number of years, which is essentially meant for Kids, as well as women, including the general category population. The appellant - Trust constructed some shops on the northern side as well as on the southern side of the Library and the same are given on Leave and License basis for a period of 11 months and not sold. A request was also made by the appellant - Trust before the Charity Commissioner to enter the shops and Library on PTR register of the Charity Commissioner. The said application is stated to have been granted on 23.03.2012, but then, according to the learned advocate, in suo motu proceedings, the District Collector initiated action against the appellant - Trust in putting up the construction of shops without seeking permission of competent authority and vide order dated 07.06.2001, the District Collector, forfeited the land in question. A revision application came to be filed by the appellant - Trust, aggrieved by the said order, which was numbered as Revision Application No. 51 of 2001 and the said revision application on 03.08.2011 came to be partly allowed, remanding the matter for sympathetic consideration. Subsequently, the remand case was registered as Case No. 15 of 2011 before the District Collector and vide order dated 13.02.2014, the District Collector once again forfeited the land in question as found violation of the terms of the grant. Again the appellant - Trust challenged the said order of the District Collector by preferring Revision Application No. 34 of 2017. The learned Special Secretary, Revenue Department was pleased to reject the revision application vide order dated 12/24.04.2018 and it is this order of rejection of revision application was made the subject matter of Special Civil Application No. 8895 of 2018. After hearing both the learned advocates at length, vide order dated 19.11.2018, the learned Single Judge, was pleased to dismiss the petition by issuing certain directions and it is this order of the learned Single Judge dated 19.11.2018, is challenged by the appellant - Trust by way of present Letters Patent Appeal.

(3.) When the matter is taken up for hearing, learned advocate Shri Nishit Gandhi, appearing on behalf the appellant - Trust has submitted that the learned Single Judge has committed an error in not appreciating the fact that the appellant - Trust has not stopped running a Library, in fact, even till date, Library is being effectively run for the betterment of the village people and it is only with a view to see that the Library can run effectively and can be maintained well, the shops have been constructed, an income whereof, to be utilized for the cause for which the land was granted.