Case Note & Summary
The petitioners, legal heirs of the original grantee, challenged an order dated 18.2.2022 passed by the Collector, Morbi, which confirmed a breach of condition regarding land bearing Survey No. 49/1/Paiki-1 admeasuring Hectare 1-10-88, originally granted on new and restricted tenure (sathani basis) to their predecessor by order dated 27.07.1964. The land was granted under the Gujarat Tenancy and Agricultural Lands Act, 1948, with a condition that it could not be transferred without permission. The Deputy Collector, in Sharat Bhang Case No. 134 of 2002, found that the land had been transferred without permission, leading to a breach. The Collector's order dated 7.7.2018 confirmed the breach, which was challenged in Special Civil Application No. 1629 of 2019. The High Court remanded the matter back to the Collector for fresh consideration without being influenced by earlier orders. On remand, the Collector again confirmed the breach. The petitioners then filed the present petition under Article 226. The High Court held that the transfer was unauthorized and the Collector's order was correct, dismissing the petition.
Headnote
A) Tenancy Law - New Tenure Land - Breach of Condition - Section 43, Gujarat Tenancy and Agricultural Lands Act, 1948 - Land granted on new and restricted tenure (sathani basis) was transferred without permission, constituting breach of condition - Collector's order confirming breach was upheld by High Court - Held that the transfer was void and the land was liable to be resumed (Paras 3-6).
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Petitioners challenged remand order confirming breach - High Court found no infirmity in the Collector's decision as it was based on evidence of unauthorized transfer - Held that writ petition was devoid of merits (Paras 7-10).
Issue of Consideration
Whether the Collector's order confirming breach of condition of new tenure land was justified and whether the petitioners were entitled to regularization of the transfer.
Final Decision
The High Court dismissed the petition, upholding the Collector's order dated 18.2.2022 confirming the breach of condition.
Law Points
- New tenure land
- breach of condition
- sathani basis
- remand proceedings
- Article 226
- Gujarat Tenancy and Agricultural Lands Act
- 1948
- Section 43
- Section 84C
- Section 76A
Case Details
2026 LawText (GUJ) (02) 1060
R/SPECIAL CIVIL APPLICATION NO. 5469 of 2022
P. R. Abichandani for Ms. Poonam M. Maheta for petitioners, Ms. Devanshiba Rana, AGP for respondents
LHS of Deceased Harijan Tapubhai Keshabhai, Harijan Jesingbhai Patubhai & Ors.
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Nature of Litigation
Writ petition under Article 226 challenging Collector's order confirming breach of condition of new tenure land.
Remedy Sought
Petitioners sought quashing of Collector's order dated 18.2.2022 and regularization of the transfer.
Filing Reason
Petitioners were aggrieved by the Collector's order confirming breach of condition for land granted on new tenure.
Previous Decisions
Deputy Collector's order in Sharat Bhang Case No. 134 of 2002 dated 19.2.2004; Collector's order dated 7.7.2018; Revisional authority order dated 29.10.2020; High Court order in Special Civil Application No. 1629 of 2019 dated 14.10.2021 remanding the matter.
Issues
Whether the Collector's order confirming breach of condition of new tenure land was justified.
Whether the petitioners were entitled to regularization of the transfer.
Submissions/Arguments
Petitioners argued that the land was granted on sathani basis and the transfer was permissible.
Respondent State argued that the transfer was without permission and constituted breach of condition.
Ratio Decidendi
The transfer of new tenure land without permission is a breach of condition under Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948, and the Collector's order confirming such breach is valid.
Judgment Excerpts
The petitioners herein have invoked Article 226 of the Constitution of India being aggrieved and dissatisfied by the order dated 18.2.2022 passed by the respondent No.2 – learned Collector at Morbi in Remand Case/MRB/09/2021.
By the impugned order the respondent No.2 confirmed the order dated 7.7.2018 passed by the learned Collector in Land/Appeal/203/Case No.10/04-05 on the ground of breach of condition for land bearing Survey No.49/1/Paiki-1 admeasuring Hectare 1-10-88 new tenure land.
Procedural History
The Deputy Collector passed order in Sharat Bhang Case No. 134 of 2002 on 19.2.2004. The Collector passed order on 7.7.2018 confirming breach. The revisional authority passed order on 29.10.2020. The High Court in Special Civil Application No. 1629 of 2019 remanded the matter on 14.10.2021. The Collector passed the impugned order on 18.2.2022. The present petition was filed on 18.3.2022.
Acts & Sections
- Gujarat Tenancy and Agricultural Lands Act, 1948: Section 43, Section 84C, Section 76A
- Constitution of India: Article 226
