( 1 ) MR. D. V. PARIKH, learned advocate appearing on behalf of the petitioner and Mr. I. M. Pandya, learned AGP on behalf for the respondent authorities.

( 2 ) IN the present petition, RULE has been issued by this Court and ad interim relief in terms of para-13 (B) has been granted by this Court on 10th July,. and thereafter, affidavit in reply has been filed by the Resident Deputy Collector on 1st September,. . With the consent of both the learned advocates for the parties, the matter is taken up for final hearing.

( 3 ) THE brief facts of the present petition are as under :- the land admeasuring 1070 sq. yds. of Rajkot City Survey No. 2035 plot No. 15 was granted to one Jayantilal Laljibhai Jobanputra vide Lekh No. 10 dated 29th November, 1925 by the erstwhile State of Rajkot. The said land was purchased by Jamnadas Sundarji Chandarana from Jayantilal Laljibhai Jobanputra vide sale deed dated 6-1-1939. On that very day, Jamnadas Sunderji Chandarana gifted the said land to his wife Smt. Parvatiben vide gift deed of the same day. Out of this land, land admeasuring 400 sq. ft was admittedly sold off to another person and on the said land, there exists, even as on da