Bhanji Devshibhai Luhar vs State Of Gujarat & 3 on 3 October, 2012
The aforesaid judgment in the case of Bhanji Devshibhai Luhar
(supra) deals with the provisions of sections 54 and 75 Saurashtra
Gharkhed, Tenancy, Settlement and Agricultural Lands Ordinance,
1949, when there was transaction in favour of non-agriculturist and
action was taken after 17 years of transaction such order of the
authority was set aside, but in the case on hand the land is
attached with certain conditions and when such conditions are not
modified by the competent authority it is always open for the
authorities to pass appropriate orders when it comes to the notice
of the authorities that conditions are breached by the allottee. In
that view of the matter, we are of the considered view that the
judgment relied on by the learned counsel for the appellants does
not support the case of the appellants.