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SCA/17402/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17402 of 2006
=========================================================
SEVANTIBHAI
MANABHAI TADVI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
JOY MATHEW for
Petitioner(s) : 1,
MR MR MENGDEY, AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 18/08/2006
ORAL
ORDER
Notice.
Mr. Mengdey, learned AGP is directed to appear for the respondents.
With consent of learned advocate appearing for both the sides, the
matter is further heard today.
The
petitioner has preferred the petition for appropriate writ to direct
the respondents to regularise the cultivation of the petitioner over
the land bearing Survey No. 227/66
admeasuring 2 Acre 20 Gunthas situated at village Panchmuli,
Taluka Nandod, Dist. Narmada.
The
contention raised on behalf of the petitioner is that the petitioner
is in possession of the land in question since 1980 and in support
of the said contention, the petitioner relies upon the document of
recovery of the penalty dated 04.07.1975,
copy whereof is produced at Annexure-B. It appears that in the
said receipt of penalty dated 04.07.1975, the name of Narsi Mana,
the brother of the petitioner is mentioned and it is the case of the
petitioner that after the death of the brother of the petitioner,
the petitioner has continued to cultivate the land.
As
such, such disputed questions of fact cannot be examined by this
Court. However, as there is a policy of the Government to
regularise the possession of the tribal who was in occupation of the
forest land prior to 1980, it will be for the District Collector or
the Committee so nominated for such purpose to examine the matter
and to decide as to whether the petitioner or the brother of the
petitioner was in possession of the land prior to 1980 and if the
possession is established prior to 1980, the petitioner may be
entitled to the benefit of the policy of the Government.
Under
these circumstances, the petitioner shall make the representation
to the District Collector within a period of two weeks from today
and shall also produced the separate document to show the possession
of the land by the petitioner prior to 1980. If such a
representation is made, the District Collector may himself examine
or may refer the matter to the appropriate Committee and such
Committee shall decide the aforesaid aspect of possession of the
petitioner prior to 1980 or not within a period of three months from
the receipt of such reference and until the decision is rendered by
the Committee and intimated to the petitioner, the status quo as
prevailing over the land in question shall be maintained. The
petition is disposed of accordingly.
In
case any of the document produced in the petition is found not
genuine by the authority, it would be open to the respondent
authorities to move this Court for modification or recalling of the
order. D.S. permitted.
(JAYANT
PATEL, J.)
*bjoy
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