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2018 Supreme(Guj) 16

J.B.PARDIWALA
Hitendrabhai Bhikhabhai Karad – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Percy Kavina, Senior Advocate With Mr. Ashok N Parmar, Advocate, Mr. Harivadan Mishra, Advocate
For the Respondent: Mr. Utkarsh Sharma

JUDGMENT :

1. By this application under Article 227 of the Constitution of India, the applicants call in question the legality and validity of the order dated 27th June 2014 passed by the Collector, Surat, by which the order passed by the Mamlatdar, Palsana dated 27th February 2007 pursuant to an inquiry under Section 37(2) of the Land Revenue Code as well as the order dated 7th May 2010 passed by the Deputy Collector in appeal came to be quashed and set aside.

2. The facts giving rise to this application may be summarised as under:

2.1 The predecessor-in-title of the petitioners namely Khadiya Kaliya – father of Chhanabhai Khandubhai Umariya and others were holding agricultural land bearing original revenue survey No.216 admeasuring 2 Acres and 32 Gunthas situated at the village: Chalthan, Taluka: Palsana, District: Surat. The land was being cultivated by the predecessor as a village servant. On abolition of the Bombay Service Inam (Service to community) Act, 1951, the land came to be resumed by the Government vide order of the Deputy Collector and an entry in that regard came






































































































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