ORDER : 

VAIBHAVI D. NANAVATI, J.

ORDER IN SPECIAL CIVIL APPLICATION NO. 1657 of 2025

1. Heard Mr. Jayneel Parikh, the learned AGP appearing for the petitioner – State and Mr. Manish R. Bhatt, the learned Senior Counsel assisted by Mr. Vimal A. Purohit, the learned advocate appearing for the respondents.

2. The Special Civil Application No.1657 of 2025 is preferred by the petitioner – State challenging the impugned order dated 19.1.2022 passed by the Gujarat Revenue Tribunal, Ahmedabad (hereinafter referred to as ‘the Tribunal’ for short) in Appeal No.TEN/AA/10/2008(3+4) wherein it is the case of the petitioner – State that the learned Tribunal has not considered the fact that the land in question is government padtar land and allotted only for the self-cultivation by providing a Kabulatnama, thus new tenure land is granted to the original allottee which was subsequently transferred by way of power of attorney – Rameshbhai Mafatbhai Makwana and has committed breach of condition of land and, therefore, the revenue authority has arrived to take back the land in the name of the State Government.

3. The Assistant Collector, Viramgam Prant vide order dated 12.9.1950 re-granted the land imposing penalty of three ‘patt’ and re-granted the land in dispute to Kamla, widow of Sardarji Gagji for 10 years or till she is alive, whichever is earlier and the same is permitted to be cultivated by Pratapji Gagji, but the name of Ganotiya Umaji Dungarji is entered in the year 1955-56 to 1956-57, in view thereof after re-grant of the land respondents herein have also committed breach of conditions. Therefore the land in dispute is cultivated by Ganotiya Umaji Dungarji which is subsequently deleted as Ganotiya. While re-grant of land in dispute it is stated that it is for self-cultivation by Pratapji Gagji and allotted to Kamla till she is alive. That the Revenue Entry No.4518, the name of Devuba and Chanchalba, who are daughter of Sardarji Gagji is entered as occupier of the land in question.

4. The aforesaid has given rise to filing of the present petition and having prayed for the following reliefs :-

(A) This Hon’ble Court may be pleased to admit this Special Civil Application.

(B) This Hon’ble Court may pleased to stay the implementation and operation of the impugned Order dated 19.01.2022 passed by the Hon’ ble Gujarat Revenue Tribunal, till the pendency of the present petition. At Annexed-”A”

(C) This Hon’ble Court may be pleased to quash and set aside the order dated 19.01.2022 passed by the Hon’ ble Gujarat Revenue Tribunal. At Annexed-”A”

(D) This Hon’ble Court may be pleased to quash and set aside impugned order dated 19.01.2022 passed by the Hon’ ble Gujarat Revenue Tribunal or pass any appropriate order/direction wich may think fit by this Hon’ble Court in the interest of Justice. At Annexed-A.”

5. Mr. Jayneel Parikh, the learned AGP submits that the Tribunal has not considered the basic facts that the land in dispute is of a government padtar land and granted only for self-cultivation and also after re-grant of the land the allottee has again committed breach of condition of grant of land, therefore the petitioner – State has rightly taken back the land in dispute in the name of the State Government.

5.1 It is submitted that the land in question is never cultivated by the original allottee or subsequent possessor of the land and hence committed breach of condition of grant of land for self cultivation.

5.2 It is submitted that even if it is permanently re-granted, it does not change nature of the land i.e. new tenure land and hence it cannot be transferred without the permission of the authority. Considering the re-grant order it is limited to life of Bai Kamla but subsequently it is transferred in the names of daughters, Devuba and Chanchalba, but they have personally not cultivated the land in question and transferred the right, title and interest of the land to a third person and hence the authority has rightly initiated case for breach of co