Unauthorized Purchase of New Tenure Land Precludes Regularization Where Purchaser Exceeds Agricultural Ceiling Limits

Three parcels of agricultural land — Block Nos. 185, 186 and 187, admeasuring 1 Acre 30 Gunthas, 0 Acre 25 Gunthas and 0 Acre 34 Gunthas respectively, situate at Village Gadh, Taluka Palanpur, District Banaskantha — were held on "new and impartible" tenure

The petitioner purchased them vide registered sale deeds executed in 1978 and 1980, without the prior permission of the Collector/competent authority as mandated by the conditions of original allotment

Upon the petitioner's mutation application dated 21.02.1983, the Deputy Collector, by order dated 27.08.1984, rejected mutation, held the sale to be a breach of new tenure conditions, and directed forfeiture of the land in favour of the State Government

The petitioner's subsequent application for regularization as a bona fide purchaser was rejected by the Collector on 18.02.2012

The writ petition challenging that order was dismissed by the learned Single Judge on 21.12.2013, who noted that the petitioner already held more than 13 Acres of agricultural land and never merited regularization under the applicable Government Resolutions

During the appeal, pursuant to an interim order dated 18.03.2015, the Collector re-examined and again rejected the claim on 04.01.2016; the State Government dismissed the revision on 03.07.2018, and neither order was challenged further

1. Whether sale deeds executed in respect of "new and impartible" tenure land without prior permission of the competent authority/Collector constitute a breach of allotment conditions resulting in forfeiture and absolute vesting of the land in the State Government by operation of law?

2. Whether the petitioner, already holding more than 13 Acres of agricultural land, was entitled to regularization of his unauthorized occupation over land that had vested in the State?

3. Whether the judgment of the learned Single Judge dismissing the writ petition warranted interference in this intra-court appeal?

The Court applied the tenure law governing "new and impartible" lands under the conditions of allotment (Gujarat land revenue/tenancy framework), under which transfer of such land without prior permission of the Collector/competent authority is prohibited, and breach thereof renders the transfer invalid, entailing forfeiture and vesting of the land in the State Government by operation of law

It further applied the eligibility norms under the Government Resolutions on regularization of unauthorized occupation, which disentitle a person already holding extensive agricultural land (here, more than 13 Acres) from regularization

The Court additionally proceeded on the principle that an earlier writ court direction merely "to consider" regularization in accordance with law confers no substantive right to regularization

Unchallenged administrative and revisional orders attain finality

The Division Bench first recorded as undisputed that the three sale deeds (1978/1980) were executed in respect of "new and impartible" tenure land without the Collector's permission, in violation of the allotment conditions; consequently, upon the Deputy Collector's order dated 27.08.1984 rejecting mutation, the land stood forfeited and vested absolutely in the State by operation of law, leaving no scope for regularization

Second, it affirmed the Single Judge's finding that the petitioner held more than 13 Acres of agricultural land, rendering him ineligible for regularization under the Government Resolutions in force

Third, the Court noted that the earlier direction in SCA No. 1911/1988 extended only to consideration of the regularization claim in accordance with law, and the competent authorities duly considered and rejected it — on 18.02.2012, afresh on 04.01.2016, and in revision on 03.07.2018 — the latter two orders remaining unchallenged and thus final

The Letters Patent Appeal was dismissed as devoid of merits, affirming the judgment of the learned Single Judge dated 21.12.2013, with no order as to costs