Gujarat High Court
Jitendra Kumari D/O Madansinhji ... vs State Of Gujarat on 22 March, 2018
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/8599/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8599 of 2016
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JITENDRA KUMARI D/O MADANSINHJI DOLATSINHJI
Versus
STATE OF GUJARAT
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Appearance:
MR MEHULSHARAD SHAH(773) for the PETITIONER(s) No. 1
NAJMUDDIN R MEGHANI(7834) for the PETITIONER(s) No. 1
MR. MANAN MEHTA, AGP(1) for the RESPONDENT(s) No. 1,2,3,4
SERVED BY RPAD (N)(6) for the RESPONDENT(s) No. 5
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 22/03/2018
ORAL ORDER
Heard learned advocate Mr. Dev Patel for learned advocate Mr. Mehul Sharad Shah for the petitioner and learned Assistant Government Pleader Mr. Manan Mehta for the respondent state and its authorities.
2. The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution seeking to challenge order dated 19.02.2017, passed by the Secretary, Revenue Department (Appeals), Ahmedabad, in Revision Application No. 59 of 2015. The Revision Application of the petitioner came to be dismissed and the order of the Collector, Sabarkantha, dated 30.04.2015 was Page 1 of 3 C/SCA/8599/2016 ORDER maintained.
3. The mutation Entry No. 893 was entered on 10.09.1981, which was certified on 23.01.1982 by the Mamlatdar, Idar. The Entry was in respect of the land bearing Survey No. 139/1 and 169 situated at place known as Pratapgadh, Taluka Idar. The said parcels of land were declared to be the forest area pursuant to which, the said Entry was mutated at that time.
3.1 It appears that present petitioner filed application on 9.4.2012 and thereby the petitioner wanted that the land in question was required to be entered in her name. The Mamlatdar dismissed the plea by passing order dated 10.09.2012. The Deputy Collector, Idar, dismissed the appeal on 6.2.2014. The Collector also dismissed the Appeal/Revision Application before him on 30.04.2015. Filed thereafter was Revision Application before the Secretary, Revenue, which culminated into the impugned order.
5. The land was already declared as forest land in the year 1981. The Revisional Authority was right in observing that the land stood for public purpose and the petitioner Jagirdar was divested of her rights therein. In any view, the petitioner was in slumber for long 40 Page 2 of 3 C/SCA/8599/2016 ORDER years.
6. This court has carefully gone through the reasons supplied by the Revisional Authority. It clearly transpires that subsequently the land has been kept reserved by the authority as forest gaucher land. Public purpose is involved in the status now given to the land. It is difficult to perceive any right for the petitioner in the land after such a long period when the same was declared as forest land and now is treated as forest gaucher land.
7. The challenge to the order passed by the Revisional Authority is thoroughly meritless. The petition is liable to be dismissed. The same is dismissed. Notice is discharged. Interim orders are hereby vacated.
(N.V.ANJARIA, J) C.M. JOSHI Page 3 of 3