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SCA/2316/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No.2316 of 2009
===================================================
LAKHIBEN
WD/O PARBATBHAI
KALABHAI
MAKWANA & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
===================================================
Appearance
:
MR CHETAN P PANDYA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,
1.2.7,1.2.8 - 5.MRPRANAVMRAVAL for Petitioner(s) : 1, 1.2.1, 1.2.2,
1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,1.2.8 - 5.
MS MANISHA L SHAH,
AGP for Respondent(s) : 1,
None for Respondent(s) :
2,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 12/05/2009
ORAL
ORDER
The
present petition has been preferred challenging order made by the
revisional authority on 13.10.2008.
The
lands in question bearing Survey Nos.288 paikee, 263 paikee, 460
paikee and 362 paikee were granted to Ajotha Co-operative
Agricultural Society Limited for the purposes of carrying on
agricultural operations. The land was subject to certain conditions
and was of new tenure. It appears that the dispute as to whether the
lands should be converted from new tenure to old tenure is pending
before the revisional authority. In the meantime, the lands are
stated to have been sold off by the co-operative society, against
which the respondent authorities initiated action in accordance with
law and the matter traveled upto the revisional authority. Vide
impugned order dated 13.10.2008 the revision application came to be
rejected upholding the order made by Collector, Junagadh on
30.08.2007 in Case No.Land/4/RRT/Revision/Case No.20 of 2005.
Heard
learned advocate for the petitioners and learned Assistant
Government Pleader appearing for the respondent authorities.
Considering
the fact that the proceedings in relation to validity of conversion
of the land in question from new tenure to old tenure are pending
before the revisional authority, it would be in the fitness of
things if the present proceedings, relating to sale made
subsequently, are decided after or together, when a decision as to
validity of conversion is made by the revisional authority.
In
the circumstances, without entering into any discussion on merits of
the controversy between the parties, the impugned order dated
13.10.2008 is hereby quashed and set aside and the revision
application being Case No.Land/4/RRT/Revision/Case No.20 of 2005 is
restored to the file of revisional authority for deciding the matter
afresh in accordance with law.
The
petition stands disposed of accordingly. There shall be no order as
to costs.
Sd/-
[D. A.
MEHTA, J]
***
Bhavesh*
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