Gujarat High Court
Hasmukhbhai Chhaganbhai vs State Of Gujarat Thro on 1 October, 2013
Author: Anant S. Dave
Bench: Anant S. Dave
HASMUKHBHAI CHHAGANBHAI PATELV/SSTATE OF GUJARAT THRO LD.PRINCIPAL SECRETARY C/SCA/14484/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 14484 of 2011 ================================================================ HASMUKHBHAI CHHAGANBHAI PATEL & 1....Petitioner(s) Versus STATE OF GUJARAT THRO LD.PRINCIPAL SECRETARY & 14....Respondent(s) ================================================================ Appearance: MR JM PATEL with MR NV GANDHI, ADVOCATE for the Petitioner(s) No. 1 - 2 MS KRINA CALLA, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 MRHMJADEJA, ADVOCATE for the Respondent(s) No. 3.1 - 3.3 , 4 - 10 , 11.1 - 11.2 , 12.1 - 12.4 , 13.1 - 13.3 , 14 - 15 NOTICE SERVED for the Respondent(s) No. 12.4 NOTICE SERVED BY DS for the Respondent(s) No. 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 01/10/2013 ORAL ORDER
Heard learned Counsels appearing for the respective parties and learned Assistant Government Pleader Ms. Krina Calla for the respondent State.
Learned Counsel for the petitioner Mr. J.M. Patel has raised two fold contentions namely, about effect of Section 73AA of the Bombay Land Revenue Code, 1879 (i.e. Restriction on transfer of occupancies of tribals to tribals or non-tribals) and sub-section 4 of Section 73AA of the Code, by which suo-motu powers have been exercised by the Collector beyond three years of such restricted transfer.
As against the above, learned Assistant Government Pleader Ms. Krina Calla contends that as such, no notification is to be issued as the above referred Section pertains to the tribal land and holding of such a land is by a tribal and apart from verification of revenue record, language about such lands belonging to the tribal is essential. Besides, under sub-section 4 of Section 73AA of the Code, the revisional authority exercised the powers after a period of four years.
In view of the above, the matter deserves consideration. Hence, RULE. Status-quo qua the subject land be maintained by the concerned parties till final disposal of this petition, meaning thereby that there shall be no alienation of the subject land in any manner, without the permission of this Court.
Sd/-
(ANANT S. DAVE, J.) CAROLINE Page 2 of 2