KANJI ODHAVJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that the land bearing Old Survey No.141 2 Acre and 9 Guntha situated at Village : Ghagratiya, Taluka : Limdi, Dist. Surendranagar, was owned by Trivadi Harishanker Zinabhai. Thereafter Trivadi Harishanker Zinabhai expired and after his death interest in the property was transferred to his daughter Oja Taraben Ranchhodabhai and she executed Registered Mortgage Deed on 21.4.1951 and as per the Mortgage Deed the possession of the land was also given to Odhavjibhai Patel, father of the petitioner. It is the case of the petitioner that based on the Mortgage Deed the revenue entry was also mutated on 13.10.1983 and the petitioner remained in possession since the period of his father Odhavjibhai Patel.

(2.) On 23.3.1998 the application was made to the revenue authority informing that Trivadi Harishanker Zinabhai had expired intestate without any legal heirs. The Mamlatdar thereafter informed to the District Collector and suggested the forfeiture of ownership right. On 11.10.1999 the District Collector passed an order under Section 72 of the Bombay Land Revenue Code (hereinafter referred to as the Code ) whereby the occupancy rights were forfeited. Thereafter the order was passed for auctioning the land. The public notice was also issued. The petitioners had filed the objections. However, on 11.1.2001 the respondent No.2 passed an order for auctioning of the property. The petitioners carried the matter before the State Government in revisional jurisdiction and vide order dated 20.5.2011 the said revision came to be dismissed. Under the circumstances the present petition before this Court.

(3.) I have heard Mr.Nanavati, learned counsel appearing for the petitioners and Mr.Jayswal, learned learned A.G.P.appearing for the State authority.