Case Note & Summary
The dispute involved a challenge to the orders made by the Collector and the State Government regarding the permission to sell land granted to Shri Harijan Bhoja. The petitioners, successors in title of Shri Harijan Bhoja, contested the orders dated 20th April, 1992, and 27th July, 1992, which set aside the earlier permission granted on 6th January, 1987, for the sale of land. The land in question was granted to Shri Harijan Bhoja on 30th October, 1982, for cultivation as new tenure land. Following an application for sale, the Deputy Collector had permitted the sale on the condition of paying a premium based on the market price. However, the Collector later sought to set aside this permission, citing lack of authority and failure to consider relevant government resolutions. The court analyzed the grounds for cancellation and found them to be unsustainable, noting that the permission was granted in line with government instructions. The court emphasized that the validity of the original land grant was not the issue at hand and that the permission for sale should not have been cancelled based on that. Ultimately, the court quashed the orders of the Collector and the State Government, ruling in favor of the petitioners and making the rule absolute, with costs to be borne by the parties.
Headnote
A) Land Law - Permission to Sell Land - Validity of Permission - Gujarat Tenancy Act, 1972, Section 43 - The court found that the permission granted to sell land was in accordance with government instructions and could not be set aside merely due to non-reference of a specific resolution. The grounds cited for cancellation were deemed unsustainable, leading to the quashing of the impugned orders. Held that the action of the Collector was unjustified (Paras 1-12).
Issue of Consideration
Whether the orders of the Collector and State Government setting aside the permission to sell land were justified.
Final Decision
The court quashed the orders dated 20th April, 1992, and 27th July, 1992, made by the Collector and State Government respectively, ruling in favor of the petitioners and making the rule absolute.
Law Points
- Land tenure
- Government Resolutions
- Tenancy Act
- Permission to sell land
- Authority of Deputy Collector
