MUMAN HABIB NASIR KHANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order of summary dismissal made by our learned brother J. M. Sheth J on 16th April 1969 in Special Civil Application No. 658 of 1969. The facts of the case briefly stated are as follows:-

(2.) The petitioner is the owner of a village site land situate in village Bhagal (Jagona) Palanpur Taluka Banaskantha District. It was sold to the petitioner at an auction by an Aghat sale. Adjoining this piece of land there are two other plots of land one of which admeasures 46x 23 and another admeasures 36x 20 1/2.

(3.) On 28th August 1962 the petitioner made an application to the Mamlatdar of Palanpur requesting him to sell to him these two adjoining plots of land in order to enable him to put up a building construction on them. The Mamlatdar of Palanpur reported the matter to the Prant Officer at Palanpur. On 5th October 1962 the Prant Officer made an order whereby he directed that the said two adjoining plots of land be sold by auction. On 10th December 1962 in pursuance of the order made by the Prant Officer Palanpur a public auction was held for selling these two plots of land and it appears that these two plots of lands were purchased by the appellant at this public auction.