State of Gujarat vs Rabari Lallubhai Prabhatbhai and Others

K.S. Jhaveri, J.

1.0. By way of present petition, the Petitioner-State has challenged order dated 14.09.1989 passed by the Gujarat Revenue Tribunal in Revision Application preferred by the Petitioner-State wherein the Tribunal has rejected the application of the Petitioner and confirmed the order dated 22.10.21984 passed by the Assistant Collector, Mehsana.

2.0. The facts of the case in brief are that Respondent No. 1-Rabari Lallubhai Prabhatbhai and Respondent No. 2- Rabari Prabhatbhai Samabhai made an application dated 01.12.1983 to the Deputy Collector, Mehsana praying therein that Bhagwan Prabhatbhai is the occupant Farmer of land admeasuring 7 Acres 12 Gunthas of Survey No. 793 of Indrad Taluka and he is in possession of the said land. He had decided to sell 2 Acres 26 gunthas of land to Respondent No. 3- Jivraj Chunilal Shah for industrial purpose. For that he prayed for permission u/s 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act"). Similarly father of Respondent No. 1 had also made an application to the Deputy Collector, Mehsana praying that he is the owner of the land admeasuring 2 Acres 20 Gunthas bearing Survey No. 794. He is the cultivator of the said land and want to sell the said land to Respondent No. 3 for industrial purpose. Therefore he prayed for permission u/s 63 of the Act. The Mamlatdar, Kadi made necessary enquiries. After considering all aspects, the District Industries Officer have granted permission for about 3580 square meters of land. Taking into consideration the inquiry report of the Mamlatdar as well as recommendation made by the District Industries Officer, the Assistant Collector, Mehsana vide his order dated 22.10.1984 gave necessary permission to Respondent Nos. 1 and 2 for sale of land to the Respondent No. 3. Accordingly he gave permission for sale of total 22,926 suare meters of land.

2.1. Being aggrieved by and dissatisfied with the aforesaid order, the Petitioner-State preferred Revision Application before the Gujarat Revenue Tribunal. The Tribunal vide order dated 14.09.1989 confirmed the order dated 22.10.1984 passed by the Assistant Collector, Mehsana. Hence, this petition.

3.0. Learned Assistant Government Pleader has submitted that the District Industries Officer in his order dated 01.10.1984 has clearly recommended that Respondent No. 3 required only 3580 square meters of land. Inspite of that, the Assistant Collector has granted permission for sale of land admeasuring 22, 926 square meters which is not correct, legal and proper.

4.0. Though served, none appears for the Respondent.

5.0. As a result of hearing and perusal of the of documents on record it is found that the Assistant Collector had considered the letter dated 09.05.1984 of the District Industries Officer in which the map is produced by Respondent No. 3 along with certificate wherein it is stated that Respondent No. 3 required 25000 to 3000 square meters of land and for that purpose, the map was also produced.The Assistant Collector had considered the whole evidence which is just and proper and nothing is pointed out to take a different view of the matter. No case is made out. The petition is dismissed. Rule is discharged with no order as to costs. Interim relief, if any, stands vacated.