Gohil Dilipsinh Gopalsinh vs State Of Gujarat
2023 Latest Caselaw 5236 Guj

     C/SCA/3865/2019                            ORDER DATED: 06/07/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3865 of 2019

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                       GOHIL DILIPSINH GOPALSINH
                                  Versus
                          STATE OF GUJARAT
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Appearance:
MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR.JAYNEEL PARIKH, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
UNSERVED EXPIRED (N) for the Respondent(s) No. 4
UNSERVED REFUSED (N) for the Respondent(s) No. 5,6
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                            Date : 06/07/2023

                             ORAL ORDER

1. Learned counsel for the petitioner submits that in

view of the definition of "agriculturist" in Section 2 r/w Section

2(11), the petitioner was agriculturist by birth. He submits

that the name was entered in the revenue records on

31.11.2012. Thereafter, the petitioner also obtained certificate

dated 30.11.2021 from the Prant Adhikari, Rajpipla, Narmada,

showing that he is agriculturist. Learned counsel for the

petitioner submits that all these evidence have not been

considered in proper prospective and have been rejected on

wrong reading of law. He therefore submits that the impugned

C/SCA/3865/2019 ORDER DATED: 06/07/2023

orders passed by learned Mamlatdar as well as learned Special

Secretary Revenue Department (SSRD) be quashed and set

aside.

2. Learned Assistant Government Pleader appearing

for the respondent Revenue Authority submits that the

evidence which may be adduced by the petitioner shall be

considered afresh.

3. In view of the aforesaid as well as this Court finds

that the learned Collector as well as learned SSRD have not

examined the issue on the basis of definition of "agriculturist"

as in Section 2 of the Tenancy and Agricultural Lands Act,

1950, r/w. Section 2(11) thereof and have not taken into

account the relevant documents as produced by the petitioner.

4. The impugned judgment and order are quashed

and set aside and the matter is remanded back to the learned

Collector, Narmada, Rajpipla for fresh consideration on merits.

The petitioner shall be at liberty to produce additional

documents on record in support of his case. The learned

C/SCA/3865/2019 ORDER DATED: 06/07/2023

Collector shall decide the case on its own merits, in

accordance with law taking into consideration legal provisions

as well as the additional documents produced by the

petitioner and decide the same within a period of six months

from the date of receipt of this order.

5. The present Special Civil Application stands

disposed of accordingly. This Court has not gone into the

merits of the matter and has not expressed any opinion

thereon.

Direct service is permitted.

(ANIRUDDHA P. MAYEE, J.) NABILA