Gujarat High Court Case Information System
Print
SCA/14124/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14124 of 2010
=========================================================
MER
KESHUBHAI RAJSHI & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY (APPEALS) & 3 - Respondent(s)
=========================================================
Appearance :
MS
KHYATI P HATHI for
Petitioner(s) : 1,
MR PRANAV DAVE AGP for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 26/10/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed to quash and set
aside the impugned order dated 24.06.2010 passed by the Secretary
[Appeals] Revenue Department- respondent no. 1 herein, whereby the
respondent no. 1 has rejected the stay application filed by the
petitioner in Revision Application No.49/2009.
2. The
facts in brief are that the petitioner is a resident of Village
Ishvariya Taluka Kuttiyana and is cultivating the land in question
since last fifteen years. As per the Circular No. 1824 dated
25.04.1953, necessary order for allotting the land to the members of
the Co-operative Society of Harijans [hereinafter referred to as “the
Society] was passed with the consent of the village people. However,
as there was breach of the conditions of the grant allotted to the
Society, the Deputy Collector initiated proceedings being Case No.
3/95-96 against the said Society. Pursuant thereto, the Deputy
Collector on 31.07.2002 issued show cause notice to the present
occupants and the members of the Society. The Deputy Collector vide
order dated 22.09.2008 ordered to forfeit the land with a direction
to the Mamlatdar to take possession of the land on behalf of the
Government. Being aggrieved by the said order, the petitioner and
other persons who were in possession of the lands of the Society
preferred Appeals No. 78/2008 to 83/2008, 90/2008 to 98/2008 before
the District Collector, Porbandar. The District Collector, vide
order dated 31.07.2009 rejected the appeals and confirmed the order
dated 22.09.2008 passed by the Deputy Collector.
2.1. Against
the said order, the petitioner preferred Revision Application
No.49/2009 before the Secretary (Appeals), Revenue Department. Along
with the said revision application, the petitioner had also preferred
stay application. The Secretary (Appeals)-respondent no. 1 herein
after considering the material produced before it, vide order dated
rejected the said stay application preferred by the petitioner.
Hence, this petition.
3. Mr.
Hathi, was not in a position to show anything from record that the
petitioner was in legal possession of the land in question. Thus,
the findings recorded by the authority is tentative, but prima
facie it seems to be correct. At this stage, Mr. Dave, learned
AGP appearing for the respondents had made an endeavor by placing
reliance upon the observations made by the Deputy Collector and
District Collector in the order dated 22.09.2008 and 31.07.2009
respectively. Looking to the facts of the case, it will not proper
to revert the averments made against the petitioner by the
authorities below. However, I am of the opinion that ends of justice
would be met by passing the following order.
4. Pending
the revision application, the land in question which is held by the
petitioner shall not be allotted to any other person by the authority
concerned. In the meantime, the petitioner shall prefer an
application to the concerned authority for expeditious hearing of the
revision application. As and when such application is preferred by
the petitioner, the concerned authority shall consider and decide the
the same as expeditiously as possible.
5. With
the above observations and directions, the petition stand disposed
of.
[K.S.
JHAVERI, J.]
sompura
Top