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2.2 The appellants herein, by filing the aforesaid suit, claimed to be Jagirdars of Village Babsar, Taluka: Idar, District:

Sabarkantha. On coming into force of The Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, (hereinafter referred to as "the Act, 1953"), the rights of the appellants - plaintiffs in the Jagir village were extinguished. According to the case of the appellants - plaintiffs, inquiry was held by the NEUTRAL CITATION C/FA/4063/1995 CAV JUDGMENT DATED: 09/11/2023 undefined Jagir Abolition Officer, Sabarkantha, as to the question whether the said Jagir was proprietary or non-proprietary, and in the said inquiry, by order No. JHR-COMP.SR-25 dated 13.09.1956, it was held that Babsar Village is a 'proprietary Jagir village'. The said order came to be passed under Section 2(4)(i) of "the Act, 1953". It is further claimed that the appellants - plaintiffs also filed an application for compensation under Section 13 read with Section 11 of "the Act, 1953" for abolition of the Jagir. The Special Deputy Collector for Land Tenure Abolition Act, Sabarkantha district, after holding an inquiry, passed an order in Compensation Case No. 61/H dated 20-02-1960 and awarded compensation as laid down in Section 11 of "the Act, 1953". The appellants - plaintiffs also claimed compensation in respect of the abolition of rights in mines and minerals existing under Survey Nos. 71 and 294 of Village Babsar. In the aforesaid inquiry conducted, the Mamlatdar deposed to that the subsisting rights of the appellants - plaintiffs in the mines and minerals are saved under Section 10 of "the Act, 1953", and agreeing with the Mamlatdar, the claim for compensation of rights in mines and mineral products was not accepted.
2.4 Thereafter, Collector, Sabarkantha, issued notice dated 15.03.1974 to the appellants - plaintiffs to hold inquiry in respect of their rights over mines and minerals situated in Survey Nos. 71 and 294 of Village Babsar. They submitted their reply on 24.09.1974, which was registered as Case No. JHR -

Mines - Minerals - Inquiry No. 11 of 1974. Thereafter the Mamlatdar, Idar, on 07.09.1979, issued notice to one of the plaintiffs as the Manager of Jagir of Babsar Village, informing him that the inquiry about the rights in Survey Nos. 71 and 294 in Village Babsar is to be held. Mamlatdar, Idar, after recording evidence of one of the plaintiffs and Deputy Mamlatdar, Vadali, Taluka: Idar, passed an order dated 12.11.1979, holding that the rights over mines and minerals in Survey Nos. 71 and 294 of the Jagirdars are not acceptable but that they belong to the Government. It is claimed that the said order was passed under Section 37(2) of the Bombay Land Revenue Code, 1879, (hereinafter referred to as "the Code, 1879").

2.5 That being aggrieved by the said order of the Mamlatdar, Idar, one of the plaintiffs preferred an appeal bearing No. TEN.A.A.34/1980 before the Gujarat Revenue Tribunal at Ahmedabad on 15.01.1980, which was allowed and NEUTRAL CITATION C/FA/4063/1995 CAV JUDGMENT DATED: 09/11/2023 undefined the judgment and order passed by the Mamlatdar was set aside and the matter was sent back to him to hold a fresh inquiry after issuing notices to all the parties and also to the State Government and then to decide the matter in light of the observations made in the said judgment dated 05.03.1987. On remand also, after holding inquiry, Mamlatdar, arrived at a conclusion that the plaintiffs have no right over the mines and mineral products in Survey Nos. 71 and 294 of Village Babsar. The plaintiffs had, therefore, preferred an appeal before the Gujarat Revenue Tribunal bearing No. TEN.A.A. 119/1981, which came to be allowed and the judgment and order passed by the Mamlatdar, Idar, was set aside, holding that the rights over the mines and mineral products in disputed lands bearing Survey Nos. 71 and 294 of Village Babsar, belongs to the plaintiffs and not to the State Government. The said order came to be passed on 27.03.1985, which was communicated to the advocate of the plaintiffs on 04.04.1985.

So far as order Exhibit-49 refers that the Jagirdars claimed the proprietary rights over the Jagir and in support of their claim, produced copy of the order dated 24.04.1908, passed by the Alienation Committee of the Ex-Idar State. As referred to in an order Exhibit-49, Jagir was granted to the forefathers of the Jagirdar as far as back to the Samvat year 1854, in appreciation of the services rendered to the State. It further refers that it was ordered only to recover administrative levy @ 0-1-0 per Bigah of cultivated lands. That levy was known as "Alienation Ankado". The said order refers about what is stated by the Mamlatdar in his report dated 01.08.1956 that the Jagirdar used to pay Rs. 98-2-0 as "Alienation Aankdo" to the Ex-Idar State, holding that the Jagirdar enjoyed the rights exclusively over the Jagir. Though the said order refers about the right in the soil of the Jagir village, no subsisting rights as on the appointed date i.e. 01.08.1954, to mines and mineral products by way of any grant, order, custom or usage is shown in the said order.