PRAVINBHAI MOTIBHAI PATEL Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Heard learned advocate Mr. Satyam Chhaya on behalf of petitioner and learned AGP Ms. Jirga Jhaveri on behalf of respondents - State authorities.

(2.) In this case, on 15.03.2010, notice was issued by this Court, meanwhile, respondents were directed not to take any coercive steps/action against petitioner. In present petition, petitioner has challenged an order dated 30.06.2009 (07.07.2009) passed by Deputy Collector, Stamp Duty Valuation, Sabarkantha at Himmatnagar, which was confirmed by Chief Controlling Revenue Authority, Gandhinagar.

(3.) According to petitioner, he is permanently residing at city Himmatnagar from generation. Father of petitioner Motibhai expired leaving behind two sons i.e. the petitioner and his brother Shanubhai Motibhai Patel. Smt. Pushpaben is wife of Shanubhai and she is sister-in-law of petitioner. Smt. Pushpaben was holding land bearing Survey No. 24 paiki of city Himmatnagar, District Sabarkantha admeasuring 31,671.85 sq. mtrs. Said land was converted into non-agriculture land vide order dated 27.05.1996 passed by Collector, Sabarkantha. As per non-agriculture order, out of above referred land, land admeasuring 27,327.85 sq. mtrs. was converted into residential land whereas the land admeasuring 4344 sq. mtrs. was converted for commercial purpose. Smt. Pushpaben has plotted above referred land and total 121 plots for residential purpose and two plots for commercial purpose were earmarked. As per the provisions of law, 3 common plots of 2497.35 sq. mtrs. were earmarked. Provision of Development Plan Roads was also maintained in plots.