IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5593 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 5912 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA Sd/-

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1 Whether Reporters of Local Papers may be allowed No

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	No
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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HOTHAJI KHODAJI THAKOR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR Y.N.OZA SENIOR ADVOCATE WITH MR APURVA R KAPADIA(5012)

for the Petitioner(s) No. 1 in SCA 5593 of 2023 MR MASOOM SHAH ADVOCATE, for the Petitioner in SCA no.5912 of 2023 MS HETAL PATEL, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 03/05/2023

ORAL JUDGMENT

1.Heard learned Senior Advocate Mr.Y.N.Oza with learned advocate Mr.Apurva kapdiya in for the petitioner in Special Civil Application No.5593 of 2023 and learned advocate Mr.Masoom K.Shah for the petitioner in Special Civil Application No.5912 of 2023 and learned AGP Ms.Hetal Patel for the respondent State.

2.Rule returnable forthwith. Learned AGP Ms.Hetal Patel waives service of notice of rule for the respondents.

3.The petitioner has filed these two petitions with a prayer to direct the Mamlatdar and ALT to accept the amount of purchase price for the land in question and issue certificate of purchase in prescribed Form no.9 under Rule 18 of the Gujarat Tendency and Agriculture Land Rules, 1956 (for short 'the Rules') and Section 32M of the Gujarat Tendency and Agriculture Lands Act, 1948(for short 'the Act').

4.The brief facts of the case are as under:

4.1. The petitioner Hothaji Khodaji Thakor is tenant under the Act for new tenure land being agriculture land admeasuring 8580 square meters situated at New Block no.249 (old block no.495)(Survey no.567/2) of Village Sonarda, Taluka and District Gandhinagar and land admeasuring 17110 square meters of (Old Block/Surve no 473) New Block Survey no.270 of the said Village (hereinafter referred to as ‘land in question’). The aforesaid land was of the ownership of one BaiJhadi widow of Danaji Fulaji and father of the petitioner late Khodaji Galaji Thakor was tenant before 1950. The Revenue Entry no.240 dated 15.10.1951 is mutated in the revenue record to that effect. Thereafter Entry no.922 was mutated on 11.02.1967, recording that the proceedings under Section 32G of the Act for fixing the price for purchase of the land was closed temporarily since the land owner happened to be widow.

4.2. The respondent-Mamladar and ALT thereafter passed an order on 16.01.1988 in Ganot Case no.5635 of 1988 by which father of the petitioner was declared as Ganotiya (protected tenant) and the purchase price was fixed at Rs.474/- in respect of the land situated at New Block no.249 and Rs.1688/- with respect to the land situated at New Block No.270. The purchase price was to be paid in one installment within a period of 30 days.

4.3. Entry no.1618 dated 16.01.1988 was mutated in revenue record to that effect.

4.4. Thereafter, the petitioner could not pay the purchase price, proceedings were initiated by the Mamlatdar and ALT in Ganot Case no.203 of 1989 and by order dated 18.07.1989, it was held that since purchase price has not been paid by the Ganotiya, the purchase has become ineffective and proceedings under Section 32P of the Act for the disposal of the land being made by the respondent Collector. Entry no.1690 is mutated in revenue record on 05.11.1989 to that ef

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