This appeal under Clause 15 of the Letters Patent is arising out of the judgment and order dated 15.09.2010 passed by the Learned Single Judge in Special Civil Application No.10981 of 2010 by which the Learned Single Judge dismissed the writ petition filed by the appellant herein. 2. We have heard Mr. Manoj Shrimali, learned counsel appearing for the appellant – original petitioner and Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for the respondents.
3. The short facts of the case are that the land bearing Survey Nos. 124, 218, & 233, admeasuring 10 Acres & 1 Guntha was allotted to the husband of the appellant in the year 1966. The said land was allotted as new tenure land. As there was breach of the condition of the allotment of the land, Sharat Bhang Case No. 196/90 was came to be filed against the husband of the appellant before the Deputy Collector. The Deputy Collector, vide order dated 08.10.1990 directed the Mamlatdar to take over the possession of the land in question on the ground that the said land had remained uncultivated for long time. The husband of the appellant expired on 31.01.1994 and thereafter the appellant is cultivating the said land. Against the said order, the appellant preferred an appeal after seven years from the date of death of her husband being Appeal No. 996/1997 before the Collector, Jamnagar. The Collector, vide order dated 17.04.1997 dismissed the said appeal. Being aggrieved by the said order, the appellant preferred Revision Application No.69/97 before the Special Secretary [Appeals] Revenue Department. The Secretary [Appeals] vide order dated 28.09.1998 rejected the said revision application. Hence, the appellant preferred writ petition being Special Civil Application No.10981 of 2010 which came to be dismissed by the Learned Single Judge by the impugned order.
4. It appears that the appellant had approached the revenue authorities for regrant of land in question, after 10 years from the date of finalization of the order of the revisional authority. Furthermore, it appears that the land remained uncultivated for many years and, therefore, in view of breach of condition, the respondent authority had cancelled the grant way back in 1990 when the husband of the appellant was alive. Considering the entire facts and circumstances of the case, in our opinion, no interference is called for in the impugned judgment of the Learned Single Judge. The present Letters Patent Appeal is devoid of any merits and deserves be dismissed.
5. In the result, the present Letters Patent Appeal fails and is accordingly dismissed.
6. In view of dismissal of appeal, Civil Application also stands dismissed. Sd/-
[V. M. SAHAI, J.] Savariya Sd/-
[A. J. DESAI, J.]