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1996 Supreme(Guj) 246

A.N.DIVECHA
BHIL AMBALAL BHANAJI – Appellant
Versus
STATE – Respondent


Advocates Appeared: E.E.SAIYED, T.H.Sompura

A. N. DIVECHA, J.

( 1 ) THE order passed by the Collector of Mehsana (respondent no. 2 herein) on 22nd February 1996, rejecting the petitioners application for selling certain parcels of land, bearing Survey Nos. 34/1, 34/2, 35/1 and 35/2 situated at patan ("the Disputed Lands" for convenience) to one Kuberbhai Umedbhai Patel is under challenge in this petition under Art. 226 of the Constitution of India.

( 2 ) THE facts giving rise to this petition move in a narrow compass. The petitioner is a tribal for the purposes of S. 73aa of the Bombay Land Revenue Code ("the code" for brief ). He is in occupation and possession of the disputed lands. They are agricultural lands. It is the case of the petitioner that he was unable to cultivate them in view of his old age and debilities. He, therefore, applied to respondent No. 2 on 11th December 1991 for permission to sell the disputed lands to one Kuberbhai umedbhai Patel ("the Proposed Purchaser", for convenience ). A copy of his application is at Annexure "a" to this petition. By his order passed on 13th October, 1992, respondent No. 2 rejected it. Its copy is at Annexure "e" to this petition. The petitioner carried the matter in revision













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