BHIL KHODA RANMAL Vs. JOINT SECRETARY

JUDGEMENT

(1.) CONSIDERING the scope of dispute between the parties and the respective stands of the parties, the petition is taken up for final hearing and disposal today. RULE. Learned Advocates appearing for the respective respondents are directed to waive service.

(2.) IT is the case of the petitioners that land bearing Survey No. 191/1 paiki, admeasuring 10 Gunthas of new tenure, situated at Village Khedva, Taluka Bhildi, dist. Banaskantha, stood in the name of one Shri Bhil Chhogaji Motiji, respondent no. 3 herein, and the same was re-granted vide Entry No. 377 as per order of Deputy collector, Palanpur on 04. 01. 1981 to respondent No. 3. Admittedly respondent no. 3. got the said land converted from new tenure to old tenure upon certain conditions.

(3.) IT is further averred by the petitioners that vide Sale Deed Nos. 382/99 and 383/99 respondent No. 3 sold the land to the petitioners on 15. 02. 1999. Respondent No. 2, Assistant Collector, district Banaskantha undertook suo motu revisional proceedings and made an order on 02. 05. 2000 whereby the said land was confiscated and directed to be vested in the State Government. The reason for making the order, as stated in the order made by respondent No. 2 authority, is that respondent No. 3 had committed breach of provisions of Section 73aa (1) of the bombay Land Revenue Code, 1879 (the code ). The petitioners carried the matter in revision before respondent No. 1 authority who, vide impugned order dated 13. 04. 2007, confirmed the order made by respondent No. 2 but at the same time also took note of the fact that there was a civil dispute as to the status of respondent No. 4, who was claiming to be adopted son of respondent No. 3 and, therefore, directed that Assistant Collector shall abide by the judgment and order of the Civil Court in this regard.