Back
ANIRUDDHA P. MAYEE, SUNITA AGARWAL
State Of Gujarat – Appellant
Versus
Kunjalbhai Lalitbhai Patel – Respondent
JUDGMENT :
1. The instant Letters Patent Appeal is directed against the judgment and order dated 12.03.2020 passed by the learned Single Judge issuing directions to the Collector to consider the claim of the petitioner for regularisation of the sale transaction in favour of the petitioner in accordance with the provisions of the Government Resolution dated 17.03.2017 within a period of three months from the date of receipt of the copy of the order.
2. In the original writ petition, the petitioner sought relief in the nature of directions commanding the respondent No. 2 Collector to regularize the sale transaction in favour of the petitioner by determining the requisite premium of the land-in-question in accordance with law with the contention that the petitioner is ready and willing to pay the premium as may be calculated by the Collector. While issuing the directions noted hereinabove, the learned Single Judge has allowed the writ petition by setting aside the orders passed by the Revenue Authorities in the proceedings of breach of conditions and resumption of the land-in-question.
3. Challenging the order passed by the learned Single Judge, it was vehemently argued by the learned As
The distinction between 'Old agreement' and 'Old tenure' land is crucial in determining premium obligations for land conversion under the Gujarat Land Revenue Code.
Point of Law : Since at this stage petitioner's application is not accepted, it would not prevent the petitioner from all time to come not to repeat the request after disposal of inter se litigations....
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
The main legal point established is that the absence of permission and validation under the A.P. (T.A.) Tenancy and Agriculture Land Act 1950 renders a sale transaction void and unlawful.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
