Agricultural Land

Querist : Anonymous (Querist) 26 December 2010 This query is : Resolved

FACT in Nutshell

A joint family is having agricultural land in Rajasthan. Forefathers have purchased the said land and they have been doing cultivation on it. Now, some of members were shifted to Gujarat state and started residing and doing work relating to agriculture. After long staying [almost more than 25 years] they have purchased agricultural land in Gujarat. Their mutation entry was objected by Special Mamlatdar having collector powers. Special Mamlatdar had verified all records that they are having agricultural land in Rajasthan and staying here since long and doing activities relating to agricultural. Moreover, Special Mamlatdar had verified that their forefathers were also agriculturist. Special Mamlatdar had confirmed that they are agriculturist and certified their entry. Based on that they have purchased some other agricultural land and developed the same.

Now, after almost 18 years again Collector has challenged the said entry and issued notice under revision stating that you may not found agriculturist by birth in Gujarat State.

QUERY

Is collector notice valid, fair and reasonable? Is it not time bared? Is collector notice not unconstitutional and against human rights?

Please advice.

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adv. rajeev ( rajoo ) (Expert) 26 December 2010
It is absolutely unconstitutional. When there is report from the Mamledar and there is no bar to purchase the agrl. land in any state except J & K( because it is very well known by Neharu only). Challenge the notice in the high court.

Y V Vishweshwar Rao (Expert) 26 December 2010
On the face of it the Notice appears to be illegal - However the same to be declared as Illegal by the Revenue Higher Authorities - or - High Court on your legal steps in this Notice - The matter has to be decided by the Gujarat State Local Revenue Laws !

Kirti Kar Tripathi (Expert) 26 December 2010
agree with experts. the action of collector is illegal. you can challenge in writ.

Querist : Anonymous (Querist) 27 December 2010
Dear Rajeevji,

Please clrigy your statement that "there is no bar to purchase the agrl. land in any state except J & K( because it is very well known by Neharu only"

This is very clear and useful.

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