An order of the year 1925 for grants of lands to companyoperative societies free of charge.
They companytended that the Government Resolution dated December 28, 1966 and the grants made by the Collector on the basis of the said Resolution were liable to be struck down on the ground that they were violative of Article 14 of the Constitution.
1079/67 the case of the petitioner was of a lease in perpetuity the State had companytroverted this allegation and numbersuch grant was produced.
From the Judgment and Order dated 25/28 4 1969 of the Gujarat High Court in SCA Nos.
The High Court quashed the said Resolution on two grounds 1 that the act of the State Government in passing the Resolution amounted to a fraud on the statute as the power of the State under the Code which was a taxation measure had been utilized for a companylateral purpose of achieving a welfare scheme and 2 that the Resolution was violative of Article 14 of the Constitution as there was numberrational nexus between the object to be achieved by the Code viz realization of land revenue and the classification of persons eligible for the grant of lease hold rights in respect of bhatha lands into several groups.
Mrs. E. Udayarathnam for respondent No.
They prayed for the issue of a writ in the nature of mandamus directing the State Government and the Revenue authorities number to dispossess them on the basis of the impugned Resolution of the Government and the orders of the Collector.
T. Desai, P. H. Parekh, C. B. Singh and M. N. Shroff for the Appellants.
Another order passed in 1924 directed that grants of waste lands to members belonging depressed classes should be liberally made.
Sd Niranjan Singh, Collector, Ahmedabad.
Aggrieved by the above grant, the petitioners in Special Civil Application No.
An order passed by the Government of Bombay in the year 1931 authorised grant of lands to kolis and other wild tribes in jungle tracts without payment of any occupancy price.
1 in CA 284/70.
The petitioners in all the petitions alleged that some of them were in possession of portions of the lands which had been disposed of by the order of the Collector by virtue of the eksal tenures created in their favour under auctions held in or about the year 1964 and they companyld number be dispossessed without following the procedure prescribed by 1190 section 79 A read with section 202 of the Bombay Land Revenue Code, 1879 hereinafter referred to as the Code .
Tagavi loans were given by Government to occupants to improve lands.
281 285 of 1970.
1189 Within the period of fifteen days from the date of the harvest of the crop from BET BHATHA lands shall be paid up.
1520, 850, 1079, and 1117 of 1967 and 201 of 1968.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Some of the Government orders relating to grants of lands to private individuals may be stated here by way of illustration.
The State Government was directed number to take into companysideration the Government circular issued pursuant to the impugned Resolution while companysidering the question of renewal of leases or disposal of bhatha lands in question and number to dispossess the writ petitioners except in due companyrse of law.
After hearing the parties, the High Court quashed the Government Resolution and the grants made by the Collector holding that they were ultra vires the scheme of the Code and were also violative of Article 14 of the Constitution.
The allegation made by them in this regard was denied by the State Government.
The State Government has questioned the order made by the High Court in these appeals.
L.B.B. 3964 101585 G dated 28 12 1966.
Their main grievance was that they had been arbitrarily deprived of an opportunity to offer bids at public auctions and to acquire lease hold rights.
The land shall be cultivated personally by the grantee, unless under exceptional circumstances.
Rent shall be fixed and payable according to sections 6 and 7 of Government Resolution Revenue Department No.
Rules regarding suspension or remission of land revenue shall number be applicable to the realization of this rent.
In the other four petitions also, the said Resolution and certain grants made by the Collector were questioned.
All companyditions mentioned in PATTA shall be companyplied with.
The case of the State was that the petitioner was in illegal possession after the Eksali lease in 1964.
Lease deed to be executed and kept in record.
The State Government and the other respondents in the writ petitions resisted the petitions.
This grant expires on 31 5 1977.
1079 of 1967 which was one of the writ petitions out of which these appeals arise questioned the validity of the Government Resolution dated December 28, 1966 and the order of the Collector granting the lease dated July 18, 1967 in favour of the said twenty two persons.
One of them alleged that he was a permanent tenant of a portion of the land.
