RAJABHAI BHIMABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Shri U.A. Trivedi waives service of rule for the respondents. At the request of the learned advocates, the petition is finally heard today.

(2.) The petitioner has challenged the validity of an order dated 7.11.98 passed by the Deputy Secretary (Appeals), Revenue Department, Govt. of Gujarat, whereby the said revisional authority has upheld the order of the Collector, Surendranagar dated 12.6.96 whereby the Collector, Surendranagar, had quashed and set aside the order passed by the Deputy Collector, Wadhwan Sub-division dated 5.12.92 granting 2 acres of land forming part of Survey No. 714 situated at village Vadod in favour of the petitioner.

(3.) The Deputy Collector, Wadhwan Sub-division, Surendranagar, had granted 2 acres of land to the petitioner as the said land is abutting the land bearing survey No. 71 belonging to the petitioner. It was granted to the petitioner because the said land was having an irregular shape and it was a fragment, which could not have been disposed of independently. The order dated 5.12.92 passed by the Deputy Collector was taken into revision by the Collector, Surendranagar and after hearing the petitioner, by an order dated 12.6.96, the Collector, Surendranagar had quashed the order passed by the Deputy Collector on the ground that the grant of the land in favour of the petitioner was not in accordance with the Government Resolution dated 15.2.89 because the land in question was not a fragment having an irregular shape which could not have been independently disposed of. Moreover, he had also observed that the land granted to the petitioner was not a fragment of 2 acres but it was forming part of a huge parcel of land admeasuring 1185 acres and 39 gunthas. Thus, as the land in question was granted from a huge chunk of land, the Deputy Collector had made an error by treating the said land as a fragment.