Case Note & Summary
The writ applicants, Makhansinh Mulji Rajput and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging the order dated 30.09.2013 passed by the District Collector, Banaskantha. The impugned order changed the tenure of the land in question from 'Gamthal land' to 'Agricultural land'. The writ applicants are the absolute owners and occupiers of the land admeasuring 4088.58 square meters, being Final Plot No.70, Sheet No.9, Town Planning Scheme No.1 of village Ambaji, Taluka Danta, District Banaskantha. Originally, the land was identified by Survey No.15/4 and was a 'Gamthal' land. The land is ancestral property originally owned by the grandfather of the writ applicants, Chenaji Rajput, and the writ applicants inherited it. Residential houses have been constructed on the land, and the writ applicants have been in possession for three generations. In 1959, the District Collector issued a notification regarding the land, but the writ applicants were not aware of any proceedings. The writ applicants contended that the District Collector had no jurisdiction to change the tenure of Gamthal land, as Gamthal land is not covered under Section 65 of the Gujarat Land Revenue Code, 1879. They also argued that the order was passed without any notice or opportunity of hearing, violating principles of natural justice. The State of Gujarat and other respondents did not appear or file any reply. The court, after hearing the learned advocate for the petitioners, found that the impugned order was passed without jurisdiction and in violation of natural justice. The court noted that the District Collector had no authority to convert Gamthal land to agricultural land under Section 65 of the Code. The court quashed and set aside the order dated 30.09.2013 and directed the respondents not to interfere with the possession of the writ applicants over the land in question. The rule was made absolute with no order as to costs.
Headnote
A) Land Law - Gamthal Land Conversion - Jurisdiction of Collector - Section 65 of Gujarat Land Revenue Code, 1879 - The District Collector passed an order changing the tenure of Gamthal land to agricultural land without any authority or jurisdiction, as Gamthal land is not covered under Section 65 of the Code. The court held that the Collector acted without jurisdiction and in violation of principles of natural justice. (Paras 1, 10-12) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The High Court exercised its writ jurisdiction to quash the order dated 30.09.2013 passed by the District Collector, Banaskantha, as the order was passed without jurisdiction and in violation of natural justice. The court held that the order is null and void ab initio. (Paras 1, 13-14) C) Natural Justice - Opportunity of Hearing - The District Collector passed the impugned order without issuing any notice or affording any opportunity of hearing to the writ applicants, who are the owners and occupiers of the land. The court held that the order is in gross violation of principles of natural justice. (Paras 10-12)
Issue of Consideration
Whether the District Collector had the jurisdiction and authority to change the tenure of Gamthal land to agricultural land without following due process of law and without affording opportunity of hearing to the writ applicants.
Final Decision
The court allowed the writ petition, quashed and set aside the order dated 30.09.2013 passed by the District Collector, Banaskantha, and directed the respondents not to interfere with the possession of the writ applicants over the land in question. Rule made absolute with no order as to costs.
Law Points
- Natural justice
- lack of jurisdiction
- Gamthal land conversion
- Section 65 of Gujarat Land Revenue Code
- 1879
- Article 226 of Constitution of India
