“4. The Revision Application of the applicant, Written Arguments of the Ld. Advocates, order of the Collector and the available documents have been perused carefully. The original owner of the land admeasuring H.2- 52-92 Are of Survey no. 78/4 paiki 2, at - village Bamroli - Khurd, Tal. Godhra and the land admeasuring H.0-45-53 Are of Survey no. 92 was Nayak Vajesinh Gamabhai. He received both the disputed lands of the aforesaid Survey numbers with restricted tenure u/s. 43 of The Tenancy Act. Further, as Nayak Vajesinh Gamabhai was a Tribal Land Holder, the restrictions of Section 73-AA of Gujarat Land Revenue Act-1879 were applicable to him. The said disputed lands were sold for Rs. 14,750/- through an unregistered deed to Rameshbhai Raavjibhai Patel, residing at Godhra. Hence, the Deputy Collector, Godhra had initiated the procedure of breach of condition of Section 43 of The Tenancy Act and for the breach of the restrictions of Section-73 AA of Land Revenue Code. The Collector had vested the lands of both the Survey nos. with the Government vide Order no. breach of condition/SR/24/05 dtd. 15-06-2005. Moreover, as the restrictions of Section 73 AA of Land Revenue Code were applicable to the disputed lands, the order has been passed to recover the fine from the purchaser - Rameshbhai Raavjibhai, which was of double the amount of its selling price of Rs. 14,750/-, i.e. Rs. 29,500/-. Thereafter, the Mamlatdar, Godhra had passed an order granting this land to Rameshbhai Raavjibhai with absolute right u/s.
