CHETANBHAI KISHORILAL MISTRY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service of rule on behalf of the respondents. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal today itself.

(2.) By way of the present petition under Articles 14 and 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

(3.) The case put forward by the petitioner is that the father of the petitioner constructed a house on Government land being Survey No.430 paiki at Lunawada, Dist. Mahisagar (hereinafter referred to as 'the land in dispute') and the petitioner is residing in the said residential premises since more than 50 years. It is the case of the father of the petitioner that he had purchased the property in open market. Thereafter, the petitioner applied for mutation of his name in the record of rights qua the land in dispute. However, it was denied by the District Collector under the provisions of Section 37 (2) of the Bombay Land Revenue Code by holding that the land belongs to the State Government.