JAYANTRAO AMRATRAO PRADHAN versus PARTHASARTHY, COLLECTOR OF KAIRA DISTRICT AND OTHERS

JAYANTRAO AMRATRAO PRADHAN versus PARTHASARTHY, COLLECTOR OF KAIRA DISTRICT AND OTHERS

Proceedings for resumption of watan lands under Rule 4 of the Resumption Rules, 1908, which were pending before the Collector on April 1, 1963, relate to a liability incurred under an incident of a patel watan prior to that date. These proceedings are expressly saved by Section 22 of the Gujarat Patel Watans Abolition Act, 1961, and may be continued even after the Act has come into force. The grant in question was of land (not merely of revenue) and thus subject to resumption. Lands given as compensation for acquired watan lands were of the same nature and class, also subject to resumption.

Parties
Appellant: Jayantrao Amratrao Pradhan; Respondents: Parthasarathy, Collector of Kaira District and Others
Jurisdiction
India
Judgment Date
01 April 1986
Procedural Posture
Civil Appeal / Final Decision by Supreme Court of India
Outcome
Appeal dismissed with costs.
Legal Topics
Patel Watans Abolition, Service Inam Lands, Jurisdiction of Collector, Resumption Proceedings
Property Law Administrative Law Patel Watans Abolition Service Inam Lands Jurisdiction of Collector Resumption Proceedings

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Parties

Jayantrao Amratrao Pradhan

Appellant

Parthasarathy, Collector of Kaira District and Others

Respondents

Procedural Posture

Civil Appeal / Final Decision by Supreme Court of India

Legal Issues

  1. 1 Whether the Collector had jurisdiction to resume watan lands after the coming into force of the Gujarat Patel Watans Abolition Act, 1961
  2. 2 Whether notice and opportunity of hearing was properly given in resumption proceedings
  3. 3 Nature of the original grant (soil or revenue grant)

Ratio Decidendi

Proceedings for resumption of watan lands under Rule 4 of the Resumption Rules, 1908, which were pending before the Collector on April 1, 1963, relate to a liability incurred under an incident of a patel watan prior to that date. These proceedings are expressly saved by Section 22 of the Gujarat Patel Watans Abolition Act, 1961, and may be continued even after the Act has come into force. The grant in question was of land (not merely of revenue) and thus subject to resumption. Lands given as compensation for acquired watan lands were of the same nature and class, also subject to resumption.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal is dismissed with costs.