IMPORTANT POINT
Where decision has been decided by the court, the collector cannot sit over the judgment, nor can modify it by taking another decision.

1. By way of present petition, the petitioners have challenged the impugned order dated 29.08.2003 passed by the respondent No. 2 – Collector (Annexure 'A'), whereby the Collector had allowed the Revision Application being No. 1591 of 1993 filed by the respondent No. 4 and 4.1, under Section 211 of the Bombay Land Revenue Code (hereinafter referred to as 'the said Code') and directed to enter the name of the Government as the owner, in place of the Bhavnagar Municipal Corporation in the property card in respect of City Survey No. 7344 to 7352, and further not approving the entry in respect of the said land granted on lease to the petitioner Association by the Bhavnagar Municipal Corporation. The Collector has also directed to initiate the proceedings against the petitioner under Section 79-A of the Code.

2. Though the case has a checkered history, few facts necessary for deciding the present petition are that the petitioner Association was constituted under the provisions contained in the Bombay Non-trading Corporations Act, 1959. The land in question bearing City Survey No. 7344 to 7352 at Gogha Darwaja, Bhavnagar originally belonged to the erstwhile native state of Bhavnagar, which had leased out the said land to one Maganlal & Company for building a theatre and a cafe in the year 1937 for a period of 99 years subject to the terms and conditions mentioned in the lease agreement. In the year 1943, the said Maganlal & Company sold out their leasehold rights in the land to Sir C.B. Mehta and Lady Tapibai Mehta. On 08.04.1945, Smt. Madhukanta wife of Ramniklal Shah made a trust in the name of Madhukanta Ramniklal Shah Trust of her properties for the benefit of her daughter Janki and of Janki's daughter Pragna and son Jai i.e. the present respondent No. 4 and 4.1. The state of Bhavnagar by its Resolution No. 37 dated 19.01.1948 transferred the right to sell the land to Bhavnagar Municipality. On 02.09.1954, the Madhukanta Ramniklal Trust acquired the leasehold rights in the land and thereafter purchased the superstructure existing on the said land by executing a registered sale deed. On 28.09.1992, the trustees of the said trust and Ramniklal sold out their respective shares in the said properties to the petitioner Association. On 18.11.1992, the Association approached Bhavnagar Municipal Corporation seeking transfer of the suit property in the name of petitioner Association in the municipal record and for getting the lease deed executed for the subject land and also for obtaining permission to change of use of the subject land, vide application dated 05.11.1992.

3. Since the petitioner Association wanted to develop the land by demolishing the existing superstructure and putting up construction of commercial complex, the respondent No. 4, 5 and other beneficiaries of the trust had filed a suit being Special Civil Suit No. 184 of 1992 in the Court of Civil Judge (S.D.), Bhavnagar against the executants of the registered sale deed dated 28.09.1992 seeking declaration that the said sale deed executed in favour of the petitioner was invalid and for consequential reliefs. In the said suit, the trial Court did not grant any temporary injunction in favour of the said respondent trustees – plaintiffs as per the order dated 17.04.1993, and therefore, the respondent trustees had filed an Appeal from Order being No. 143 of 1993 along with the Civil Application No. 1368 of 1993 before this Court. This Court vide the order dated 26.04.1993 (Annexure 'C') issued certain directions, pursuant to which the petitioner Association deposited an amount of Rs. 5 lacs in the trial Court and furnished the bank guarantee for Rs. 5 lacs, and the petitioner Association was permitted to develop the said property subject to obtaining necessary permission from the competent authority. The said Appeal from Order came to be disposed of vide the order dated 01.10.2002 (Annexure 'D').

4. The respondent Nos. 4 and 5 thereafter submitted a Revision Applicati