- (1.) The petitioner is before this Court being aggrieved by an order passed by the Deputy Secretary (Appeals) in SRD /JMN/BNS/ 18/ 97 (DASU) dated 02.03.2000, whereby the Deputy Secretary (Appeals) was pleased to reject the Revision Application filed by the applicant- petitioner herein and confirmed the order passed by the Collector, Banaskantha dated 10th October 1996 in Appeal No./JMN/4/ APPEAL/ 39/ 94. The Collector, Banaskantha was pleased to confirm the order passed by the Deputy Secretary, Palanpur dated 20th December 1993, whereby the Deputy Collector, Palanpur was pleased to order cessation of all the rights of respondent no.1 in Sharat Bhang Case No.15 of 1993 and ordered that the land bearing Survey No.161 of Moje Juna Deesa, Taluka Deesa, admeasuring 1 acre, 28 gunthas shall vest in Government without any encumbrance.
(2.) The facts of the case are that the present petitioner had purchased the aforesaid land (land bearing Survey No.161), Moje Juna Deesa (1 acre, 28 gunthas) from one Sipai Rasulkhan Sahebkhan and others, which was in the name of respondent no.1 as original owners. The land was of "Pasaita Chakariyat Inami Satta Prakar". The land was new tenure land and the same was sold to the petitioner without obtaining any prior permission for a consideration of Rs.625/- by registered sale deed and this transaction of sale by registered sale deed was recorded in the revenue record by entry no.1206, but the said entry was not confirmed as the land was new tenure land. It was on account of breach of condition and transfer of land, the Mamlatdar, Deesa made a proposal for taking action for breach of condition. Accordingly, the matter/ case was registered and hearing was kept on 10th September 1993.
(3.) Respondent no.1-seller represented before the Mamlatdar that the seller did not have any idea of the land being new tenure land, therefore, no permission was obtained before making the sale, but after sale, the moment it came to the notice of the seller the possession of the land was not handed over. It was the case of respondent no.1 before the Deputy Collector that the land is in their possession on the date of hearing. It was also contended by respondent no.1 that in Pani Patrak name of Bhaichand Nala is wrongly entered. A request was made by respondent no.1 that 'notice be filed'. Respondent no.2-present petitioner submitted before the Deputy Collector that the land was purchased by his father for a sum of Rs.625/- and it is in their possession. Entries of inheritance and also of partition among brothers are made and are confirmed by the higher authorities. It was also stated before the Deputy Collector by respondent no.2 that the adjoining land bearing Survey Nos.162 and 163 are of his ownership. Respondent no.2 did make request to the Deputy Collector that in the event it is held that there is a breach of condition the same may be regularized on payment of the required amount of penalty. 3. The Deputy Collector on careful consideration of the facts of the case came to the conclusion that the land is of "Pasaita Chakariyat Inami Satta Prakar" and it was in the name of respondent no.1 by entry no.217 and by entry no.536 it is already forfeited and names of the respondents and other persons are entered as licence-holders. Entry no.1206 was made about sale, but the same is not confirmed by the higher authorities. Despite that fact name of respondent no.2 is entered by way of inheritance of Entry No.3329. Later on, Entry No.4426 is made about partition between brothers to record the same and that entry is also confirmed by the higher authorities. The Deputy Collector also recorded that respondent no.1 is a licence-holder and despite the fact that the land is not re-granted to the licensee-possession holder, Pasaiti land is sold which is totally illegal. Besides that as name of respondent no.2 is found in 'Pani Patrak', wherefrom transfer of land stands proved. Respondent no.1 has not registered any objection at the time of making entries no.3329 and 4426 and therefore, it can be inferred that the land is transferred by respondent no.1. In view of the aforesaid facts and finding being recorded, the Deputy Collector passed order aforesaid.;