Sca No. 10932 of 2008 · Gujarat High Court

CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 02/09/2008 ORAL JUDGMENT

Rule. Learned AGP, Shri Hukumsinh, waives service of rule on behalf of respondents. Petitioner herein has SCA/10932/2008 JUDGMENT challenged order dated 25.8.2008 passed by Principal Secretary (Appeals), Revenue Department, Government of Gujarat by which application for interim relief pending revision application came to be turned down.

Father of the petitioner was granted government land on lease for a period of 30 years for growing fruit trees thereon by an order dated 16.10.1971. It is the case of the petitioner that as per the condition of lease sufficient number of fruit tress have been grown on the land. Despite this, proceedings for terminating the lease for breach of the condition of growing fruit trees thereon were undertaken by the authorities. Ultimately, Collector, Junagadh passed an order on 14.3.2008 and held that there was a breach of condition since the lessee had not grown sufficient number of fruit trees on 4 Acres of land granted by the Government. Additionally, it was also found that the original lessee had expired in the year 1997 and Government would not renew the lease after expiry of original lessee. On these grounds, the Collector ordered eviction of the petitioner.

In the meantime, the petitioner had also separately applied for renewal of lease in his favour.

The case of the petitioner is that as per the conditions contained in the lease order itself sufficient number of tress were grown and the lease envisaged the renewal thereof at the end of 30 years of period or for granting the same in favour of the heirs of the lessee. SCA/10932/2008 JUDGMENT

Since the entire issue is placed before this Court at interim stage, it would not be appropriate on my part to comment on the said contentions of the petitioner. Suffice to note, however, that from the revenue records also it can be seen that the petitioner has in addition to growing other fruit trees had grown 215 mango trees. The lease order in condition No.5 also provided that after completion of 30 years of period at the discretion of the Collector, lease can be renewed. Condition No.8 of the lease order provides that during the period of the lease, it would be open for the lessee as well as his heirs to enjoy the use of the land in question.

When prima-facie, it is pointed out that on the land in question, large number of fruit trees have been grown and when condition No.8 along with condition No.5 of the lease order required interpretation, it was not appropriate on the part of the Secretary to refuse to grant interim relief thereby bringing about a situation by virtue of which the possession of the petitioner of the land in question enjoyed continuously since the year 1971 and on which after putting in labour and investment, orchard has been made be taken away summarily.

Under the circumstances, the impugned order

25.8.2008 is set aside. Respondent shall not operate the order passed by the Collector dated 14th March, 2008 till final disposal of the revision application. Above observations shall not come in way of the Secretary in taking into account all SCA/10932/2008 JUDGMENT aspects of the matter including applicable Government policy while disposing of the revision application finally.

Rule made absolute accordingly. Petition is disposed of. Direct service is permitted. ashish//

(AKIL KURESHI, J.)