Facts and Background:
The land in question was granted to the Petitioners' forefathers for agricultural purposes under the "Ek Saali" lease in 1945-46, and the land has been owned by the Petitioners' forefathers since then. According to the Petitioners, a lot of changes have been made for the use of the land in question for agricultural operations since then, and the vegetables grown on the land in question were sold only to Ahmedabad residents. The “Ek Saali” lease was extended from time to time, and the rent was paid on time, until the land in question was permanently granted to the Petitioners' forefathers on October 18, 1954. On October 28, 1954, the Mamlatdar issued an order raising the amount of revenue. The land in question was granted to the Petitioners' forefathers on a "new tenure" basis. The land was required by the Ahmedabad Municipal Corporation for the construction of a sewage treatment plant. By filing a First Appeal, the state challenged the judgement and decree in this Court.
Since the land was in dispute, the State of Gujarat canceled the grant of land to the Municipal Corporation for sewage purposes. The municipal corporation was told by a letter from Ahmedabad's City Mamlatdar that the sum of Rs.68,090/+ would not be allowed to be withdrawn until the entire property was released from the mortgage. By Order 1980, the Circle Officer canceled mutation entry no.1844, upholding the Petitioners' objections, and the entry was accordingly removed from the revenue records. As a result, the Petitioners' revision application was denied, and the name of Respondent no.6 was retained in the revenue records. The Petitioners have chosen this petition because they are aggrieved and unhappy with the impugned Orders issued by the Deputy Collector, Collector, and SSRD.
The submissions made by the educated advocates for both the Petitioners and the Respondent were taken into consideration. The case of Kandala Press and Oil Mills Pvt. Ltd. vs. the State of Gujarat, in which the honorable Court decided on August 29, 2008, that the Petitioners' possession for more than 34 years cannot regularise the encroachment by securing the Petitioners' possession, has been considered by the honorable Court.
The Court held that the petition succeeds and is accordingly allowed, based on the representations made by the learned counsel for the applicant. The impugned orders of the Special Secretary (Appeals), Collector, Ahmedabad, and Deputy Collector, Ahmedabad City, respectively, are hereby quashed and set aside, and the Mamlatdar's order canceling revenue entry no.1844 is restored, subject to the outcome of the pending civil proceedings before the City Civil Court, Ahmedabad. To the degree specified, the rule is made absolute. There is no cost order.