RAMJIBHAI NARANBHAI RATHOD Vs. STATE OF GUJARAT
LAWS(GJH)-2012-9-131
HIGH COURT OF GUJARAT
Decided on September 21,2012

RAMJIBHAI NARANBHAI RATHOD Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

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(2.)XXX XXX XXX
(3.)XXX XXX XXX
3.1 The petitioner was allotted land bearing revenue survey No.671 admeasuring 2 acres and 21 gunthas and revenue survey No.672 admeasuring 4 acres and 37 gunthas situated at Village Dwarka, District Jamnagar to cultivate the land personally on restricted tenure by the Deputy Collector, Khambhaliya vide order dated 3.5.1971. It appears that the fact of such allotment made in favour of the petitioner came to be mutated in the revenue records by way of entry No.942 dated 2.11.1971 which came to be certified on 5.6.1972.

3.2 It transpires from the record that the petitioner was working in the post office at Dwarka and did not cultivate the land in question personally and as the land was found to be vacant and unused, Case No.141/8485 was initiated against the petitioner for breach of condition and the competent Authority i.e. the Deputy Collector, Khambhaliya vide order dated 18.2.1985 came to the conclusion that there is a breach of condition under Section 79A of the Bombay Land Revenue Code and ordered to vacate the land and forfeited the same in favour of the Government. The fact that such an order is passed describing the breach of condition and gist of the order and the fact that the land in question was forfeited in favour of the Government, came to be mutated in the revenue record by entry No.1268 dated 16.5.1985 and the said entry came to be certified on 24.8.1985.

3.3 It appears that after 20 years i.e. on 10.6.2005, the petitioner through his Advocate applied for copy of the aforesaid order dated 18.2.1985. However, as the said proceedings as per the Rules of business fall in ClassC, the Deputy Collector, Khambhaliya informed the petitioner that the papers of the proceedings have been destroyed.

3.4 The petitioner thereafter filed an appeal before the Collector, Jamnagar along with an application for condonation of delay which came to be registered as Appeal No.JMN/2Vilamb68/0405.The said application for condonation of delay came to be dismissed and resultantly, the appeal also came to be dismissed vide order dated 27.9.2005. The petitioner contended in the said application that the petitioner is working in postal department and has 5 years to retire and that he is not aware about any such order of 1985 and he came to know about the same when he obtained the copy of village form No.7/12. It was also contended that the petitioner is tilling the land in question and it has not been fallow (Padtar). The Collector, Jamnagar considered the submissions made by the petitioners and rejected the said application vide order dated 27.9.2005.

3.5 Being aggrieved by the aforesaid order dated 27.9.2005, the petitioner preferred a Revision Application being Revision Application No. MVV/JMN/JNR/48/2005. It appears from the order passed in the aforesaid Revision Application dated 24.1.2012/1.2.2012 that such a revision came to be filed by the petitioner on 27.12.2005. The same was admitted, however, an application for interim injunction was rejected and no stay was granted and after fullfledged hearing, the same came to be dismissed vide order impugned dated 24.1.2012/1.2.2012. Being aggrieved by the aforesaid orders, the present petition is filed.



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