Case Note & Summary
The present writ application under Article 226 of the Constitution of India was filed by Shamjibhai Laljibhai Koli (Gohil) challenging the order dated 25.10.2012 passed by the Addl. Secretary, Revenue Department (Appeals), Ahmedabad, which confirmed the order dated 29.10.2007 passed by the District Collector, Surendranagar, which in turn confirmed the order dated 22.07.2005 passed by the Deputy Collector, Limbdi, forfeiting the land bearing Survey No.46/P admeasuring 8A-4G of Village Ghanshyampur, Taluka Limbdi, District Surendranagar to the State Government. The land was originally granted to one Dhiru Bhura Koli, a member of a Scheduled Tribe, in the year 1956. The grant contained a condition that the land could not be transferred without prior permission of the Collector. On 19.05.1970, the land was sold to Vora Ujamsi Lalchand, and thereafter on 03.05.1985, it was sold to Ramsangbhai Trikambhai. The petitioner purchased the land from Madhuben, wife of Ramsangbhai Trikambhai, on 26.04.2002. The Deputy Collector initiated proceedings under Section 73A of the Bombay Land Revenue Code, 1879 (now Section 65 of the Gujarat Land Revenue Code, 1879) for breach of the condition of grant and forfeited the land. The petitioner contended that he was a bona fide purchaser and that the proceedings were initiated after a long delay. The respondents argued that the transfer was void ab initio and that the petitioner had no right. The court held that the transfer without prior permission was void and that the subsequent purchasers acquired no title. The petition was dismissed.
Headnote
A) Land Revenue - Forfeiture of Granted Land - Breach of Condition - Section 65 of the Gujarat Land Revenue Code, 1879 - The land originally granted to a member of a Scheduled Tribe was transferred without prior permission of the Collector, in violation of the condition of grant. The Deputy Collector initiated proceedings and forfeited the land to the State. The appellate authorities confirmed the order. The High Court held that the transfer was void ab initio and the subsequent purchasers acquired no title. The forfeiture was upheld. (Paras 1-10) B) Land Revenue - Transfer of Granted Land - Void Transfer - Section 73A of the Bombay Land Revenue Code, 1879 - Any transfer of land granted to a member of a Scheduled Tribe without the previous sanction of the Collector is void. The petitioner, being a subsequent purchaser, cannot claim any right over the land. The court dismissed the petition. (Paras 11-20) C) Constitutional Law - Writ Jurisdiction - Judicial Review - Article 226 of the Constitution of India - The High Court, in exercise of its writ jurisdiction, does not sit as an appellate authority over findings of fact recorded by the revenue authorities. Unless the findings are perverse or based on no evidence, the court will not interfere. (Paras 21-23)
Issue of Consideration
Whether the orders of the revenue authorities forfeiting the land to the State Government for breach of the condition of grant are legal and valid, and whether the petitioner, a subsequent purchaser, has any right to challenge the forfeiture.
Final Decision
The writ petition is dismissed. The orders of the revenue authorities forfeiting the land to the State Government are upheld.
Law Points
- Forfeiture of granted land for breach of condition
- Transfer of granted land without prior permission void
- Section 65 Gujarat Land Revenue Code
- 1879
- Section 73A Bombay Land Revenue Code
- Writ jurisdiction under Article 226
- Scope of judicial review in revenue matters
