Gujarat High Court
Manubhai Bachubhai Solanki & vs State Of Gujarat & 3 on 15 June, 2016
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/8207/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8207 of 2016
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MANUBHAI BACHUBHAI SOLANKI & 1....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR SHAIVANG D MEHTA, ADVOCATE for the Petitioner(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 15/06/2016
ORAL ORDER
Heard learned advocate Mr. Shivang Mehta for the petitioners.
2. The challenge in this petition is directed against order of the first respondent dated 29.10.2014 whereby the said Revisional Authority dismissed Revision Application No. 11 of 2012 of the petitioners, in turn maintained and upheld order dated 11.10.2011 of the Collector, Surendranagar.
3. Land bearing survey No. 488 admeasuring 7 Acres 19 Gunthas situated at Village Zobana, Taluka Chuda, District Surendranagar was granted to the father of the petitioners in santhani. The grant in its conditions was governed by provisions of the Gujarat Agricultural Land Ceiling Act, 1960, in particular Section 30 of. For breach of the conditions of grant, two Cases Nos. 120 of 2010 and 124 of 2010 came to be initiated by the Mamlatdar. Both the cases came to be consolidated since the parties were same.
3.1 The Mamlatdar held that there was a breach of Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Jun 17 03:17:01 IST 2016 C/SCA/8207/2016 ORDER conditions and ordered for forfeiture of the land to the State Government. The appeal before the Collector preferred by the petitioners came to be dismissed on 11.10.2011. The petitioners thereafter preferred revision application before the first respondent which culminated into the impugned order.
4. It is noticed and recorded by all the authorities below that the land in question was controlled by the conditions of Section 30 of the Gujarat Agricultural Land Ceiling Act, 1960. Despite that, the petitioners by a conscious act, sold it out by executing two registered sale deeds Nos. 1346 and 1347 dated 15.04.2008 and in the year 2013. The breach of the conditions of the provisions of the Land Ceiling Act was committed by the petitioners thereby, recorded the authorities concurrently. It is further rightly observed by the Revisional Authority that the conduct of the petitioners in subsequently cancelling two sale deeds of 2008 and 2013 by which transactions the land was sold in breach, itself was suggestive of and pointer to the fact that the petitioners were aware about the conditions and impermissiblity act in law of selling the land. It is recorded by the Revisional Authority that by the said transaction, the petitioners attempted to gain profit out of the land which otherwise was earmarked for lower strata of the society.
5. Breach of the conditions of the provisions of the Land Ceiling Act having been established, the order passed by the Mamlatdar and concurrently approved by Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Jun 17 03:17:01 IST 2016 C/SCA/8207/2016 ORDER higher forums, that is, upto the Revisional Authority in the impugned order does not book any error. The forfeiture was justified. Consequential orders were just, proper and legal. The petition is devoid of merits. The challenge fails. The petition is dismissed.
(N.V.ANJARIA, J.) chandrashekhar Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Jun 17 03:17:01 IST 2016