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LPA/233920/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2339 of 2007
In
SPECIAL
CIVIL APPLICATION No. 4847 of 1996
With
CIVIL
APPLICATION No. 15833 of 2007
In
LETTERS PATENT APPEAL No. 2339 of 2007
With
LETTERS
PATENT APPEAL No. 7 of 2008
In
SPECIAL CIVIL APPLICATION No. 4848 of 1996
With
CIVIL
APPLICATION No. 25 of 2008
In
LETTERS PATENT APPEAL No. 7 of 2008
=========================================================
NIRMALABEN
JAYRAM BAHNUSHALI - Appellant(s)
Versus
COLLECTOR
& 1 - Respondent(s)
=========================================================
Appearance
:
MR
BHARAT JANI for
Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 MR. DC SEJPAL AGP
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 04/02/2009
COMMON
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
Special
Civil Application No.4847 of 1996 was preferred by appellantS of LPA
No.2339 of 2007 praying for a writ of certiorari and/or a direction
quashing and setting aside order dated 12.6.1996 passed by respondent
No.2, Deputy Secretary (Appeals) confirming order dated 4.10.1995
passed by Collector, Kachchh declaring it violative of Bombay
Prevention of Fragmentation Act, 1947 and also violative of
provisions of the Bombay Land Revenue Code, 1879. Special Civil
Application No. 4848 of 1996 was preferred by appellants of LPA No.7
of 2008 for the same reliefs as prayed for in SCA No.4847 of 1996.
Learned
Single Judge, by common order dated 1.3.2007 partly allowed the
petitions, against which these appeals have been preferred.
Learned
counsel appearing for the petitioners submit ted that petitioners are
owners of land bearing S.No. 22/1 and 22/2 of Mirzapur village,
Taluka Bhuj, District Kachchh. Petitioners made application for
obtaining the land adjacent to their land. Deputy Collector sought
opinion of Mamlatdar in respect of the land to be purchased by
petitioners and also for the price of the land. On receiving
Mamlatdar’s opinion, Deputy Collector passed an order on 14.11.1994
and granted land admeasuring 1 acre and 30 gunthas at the rate of
Rs.8,000/- per acre. Collector took the said matter in suo motu
revision under Section 211 of the Land Revenue Code and issued show
cause notice to the petitioners and passed an order cancelling the
order dated 14.11.1994 passed by Deputy Collector granting land to
petitioners. The petitioners took the matter before the State
Government in revisions and the revisions are also dismissed by
order dated 12.6.1996.
Learned
advocate for the petitioners submitted that there was a Nala between
the land of the petitioners and the adjacent land which they wanted
to purchase and the Collector did not consider the land to be
purchased by the petitioners as adjacent land because of the Nala.
Mr.
D.C. Sejpal, learned AGP, has produced a letter dated 5.1.2009
issued by Collector, Kachchh at Bhuj and stated that subject to
resolutions dated 8.1.1980 and 28.8.1998 as stated in the said
letter, Collector may consider the case of the petitioners if they
make an application. Learned counsel appearing for petitioners
submitted that he would abide by the directions given in the said
resolutions.
In
above circumstances, petitioners may make an application for the
above purpose which will be considered by the Collector in view of
the above resolutions. If any amount is already paid by the
petitioners, same would be adjusted when final order is passed by
the Collector.
With
the above observations, both the appeals are disposed of.
As
the appeals are disposed of, no order on Civil Applications.
DS
is permitted.
(K.S.
Radhakrishnan C.J.)
(Akil
Kureshi, J.)
…
(karan)
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