SAPNA PUSHKARNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Articles 14, 226, 227 and 300A of the Constitution of India, the petitioner has prayed as under:

(2.) Brief facts, arise from the record, are as under: That one R.Thapar, who had worked as Lieutenant Commander, was allotted a piece a land by the Deputy Collector vide order dated 31/07/1975 for carrying out agricultural activities on certain terms and conditions. Since the said allottee did not cultivate the land, proceedings were initiated to cancel the allotment of the land on the ground that he has committed a breach of one of the conditions, which was imposed upon him while granting the land in the year 1975. Accordingly, an order was passed by the Deputy Collector on 08/02/1981 and allotment granted to the allottee was cancelled. The said Lieutenant Commander R.Thapar died in the year 20/04/2011. Thereafter, when the petitioner, who is daughter of Lieutenant Commander R.Thapar, approached the authority, she came to know about the cancellation of allotment of the said land. Hence, she challenged the order of cancellation of allotment of land in the year 2016 on various grounds including non-hearing of her father; power of the authority, who has cancelled the grant of the land, etc. The petitioner failed to establish her case before all the authorities below. Hence, this petition.

(3.) Mr.Ramesh Jadav, learned advocate appearing for the petitioner would submit that the order dated 08/02/1981 passed by the Deputy Collector, has no jurisdiction to cancel the allotment of the land and therefore, the same is nullity and the said order is challenged by the petitioner before the competent civil court. He would further submit that no opportunity of hearing was given to the father of the petitioner before passing the impugned order. He would submit that several representations have been made by the father of the petitioner, however, no action has been taken by the authority and therefore, this petition may be entertained and the impugned order may be quashed and set aside.