SAYED REHMANMIYA MUSTAFAMIYA & OTHERS vs THE STATE OF GUJARAT & OTHERS

The Supreme Court held that under Section 19 of the Saurashtra Barkhali Abolition Act, the assessment made by the Mamlatdar remains in force until a survey and settlement are conducted as per Chapters VIII and VIII-A of the Bombay Land Revenue Code. The Court found that since no such survey and settlement had occurred for the appellants' villages, the assessment by the Mamlatdar should continue to apply for annuity payments under Section 18 of the Abolition Act. Consequently, the Government's action to alter the annuity payment based on a new assessment was deemed unjustified.