Back
SANGEETA K. VISHEN
Legal Heirs Of Deceased Haribhai Ghusabhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Sangeeta K. Vishen, J.
By way of the captioned writ petition, the petitioners have prayed for quashing and setting aside the order dated 17.08.1989 passed by the Mamlatdar & ALT, Bhavnagar; order dated 23.04.1990 passed by the Deputy Collector, Bhavnagar; and order dated 19.04.2005 passed by the Gujarat Revenue Tribunal, Ahmedabad (hereinafter referred to as ‘the Tribunal’).
2. Brief facts are that the land bearing survey no.226 paiki admeasuring 8 acres 0 gunthas (hereinafter referred to as ‘the land in question’) originally belonged to Shri Bhikhabhai Jinabhai, the account holder which was pursuant to the order dated 18.11.1969 passed by the Mamlatdar, Bhavnagar in Tenancy Case no.716/1968. Certificate was issued under Section 32G of the Gujarat Tenancy and Agricultural Land Act, 1948 (hereinafter referred to as ‘the Act of 1948’) with necessary entry no.923 dated 21.11.1969, posted in the revenue record. In the year 1972, the original owner – tenant had executed a registered sale deed dated 22.03.1972 in favour of Haribhai Ghusabhai for consideration of Rs.12,000/- and entry no.1096 dated 10.06.1972 was posted in the revenue record. After almost 11 years, notice dated 02
Court affirmed the need for compliance with prior orders regarding land premium payments while allowing the regularization of a 1972 transaction.
The last contention regarding n on applicability of provisions of the Act to a land which is permitted to be converted into n on agricultural land by a competent Court also merits acceptance in light....
Point of law: The Court is unable to accept such argument on the ground that while treating the restriction under Section 43 of the Tenancy Act, the premium charged was only for the purpose of change....
The conclusion of an administrative review requires the immediate consideration of pending applications for land conversion and NA permission from the original submission date, not as fresh applicati....
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 distinction between 'Old agreement' and 'Old tenure' land is crucial in determining premium obligations for land conversion under the Gujarat Land Revenue Code.
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
