DEVAJIBHAI AMARSHIBHAI Vs. GHAMSHYAMSINH BAPUBHA ZALA & 3
LAWS(GJH)-2015-7-125
HIGH COURT OF GUJARAT
Decided on July 02,2015

Devajibhai Amarshibhai Appellant
VERSUS
Ghamshyamsinh Bapubha Zala And 3 Respondents


Referred Judgements :-

AJAYABSINGH GYANSINGH VS. STATE OF GUJARAT [REFERRED]


JUDGEMENT

- (1.)RULE. Learned Assistant Government Pleader waives service of Rule for respondents No.1 3.
(2.)This Special Civil Application is filed with the following main prayers :-
"(A) To issue writ of certiorari or any other writ, order or direction, quashing all the three orders, Annexures 'A', 'B' and 'C'.

(B) To stay operation, implementation and execution of said order Annexures 'A', 'B' and 'C' pending hearing and decision of this writ petition, by this Hon'ble High Court.

(C) To order to grant adequate compensatory costs to the petitioners by Respondent Nos.2, 3 and 4 for completely nonapplication of mind, and in passing arbitrary and unjustified orders in implementing the lands laws."

(3.)The brief facts of the case are as under :-
The petitioner purchased disputed land Survey No.318 admeasuring 6 acres and 31 gunthas, situated in the sim of Village Rojka, Taluka Dhanduka, on 26.10.1971 from Zala Bapubha Govindsinh of Rojka.

After 13 years, in the year 1984, the respondent No.2 the Mamlatdar initiated inquiry under Section 84C of the Tenancy Act and by his order dated 17.12.1986 it was held that in view of definition clauses (2) and (6) of Section 2 of the Act, the land was liable to be forfeited to the State Government.

The respondent No.3 the Deputy Collector, by his order dated 19.10.1992, dismissed the appeal and confirmed the order of the Mamlatdar. The Revisional Court the respondent No.4 by order dated 13.01.2000 confirmed both the orders of the lower authorities and hence, the present petition.



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