2018 Supreme(Guj) 723
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
P.P. Bhatt, J.
Devendra Chimanlal Dave – Appellant
Vs.
District Collector Gandhinagar – Respondent
Special Civil Application No. 4249 of 1995
Decided On : 31-08-2018
Jal Soli Unwala, Adv., Tejal A Vashi, Adv., J.K. Shah, Adv.
Headnote:
Devasthan Inams Abolition Act, 1969 - Bombay Public Trusts Act, 1950 - Trusts Act - Section 19 - Bombay Tenancy and Agricultural Lands Act, 1948 - Section 32-G - Bombay Land Revenue Code, 1879 - Land Case - Petitioner is the Trust who was given permanent grant of lands admeasuring 564 acres, 4 Gunthas of then unsurveyed and is registered and the entire land was found under Section 19 of the Trusts Act as the property of the Trust - Held, Learned Assistant Government Pleader has contended that the petitioner has not come with the clean hand and the petition ought to have been dismissed on the said ground only - Said submission is of no avail to the petitioner for the reason that the petitioner has clearly stated in the petition and submitted that it has arrived at an agreement between Resorts - Besides, for any suppression or misstatement in the said agreement, either party has remedy available under the law - Petition allowed. (Para 5)
P.P. Bhatt, J.
By way of this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner - a registered public trust has prayed for the following reliefs:
"8(A) to quash and set aside the order dated 6/5/1995 of the Gujarat Revenue Tribunal in Review Application No. TEN.C.A. 54/93 Ahmedabad;
(B) to quash and set aside the judgment and order dated 27/8/1993 of the Gujarat Revenue Tribunal in Appeal No. TEN.A.A. 22/92, Ahmedabad;
(C) to quash and set aside the Mutation Entry No. dated 19/12/1969 in Revenue Records of village Koteshwar;
(D) to permanently restrain the respondent nos. 1, 2 and 3 and the officers and servants of the Government of Gujarat from treating the petitioners' lands bearing survey nos. 13, 151 and 152 of village Koteshwar as having vested in the Government of Gujarat under any provision of the Devasthan Inams Abolition Act, 1969 and from taking or disturbing the petitioners' possession thereof;
(E) xxx
(F) xxx
(G) xxx"
2. Facts of the case of the petitioner are that the petitioner is the Trust namely Koteshwar Mahadev Trust (for brevity, "the Trust"), who was given permanent grant under Sanad No. 113/1864 as back as in 1864 A.D. of lands admeasuring 564 acres, 4 gunthas of then unsurveyed Inam village: Koteshwar. The Trust is registered at No. A-1795 under the Bombay Public Trusts Act, 1950 (for brevity, "the Trusts Act") and the entire land was found under Section 19 of the Trusts Act as the property of the Trust. Of the said land, lands admeasuring 432 acres, 33 gunthas, given under survey Nos. 1 to 12 and 14 to 150 which were cultivated by the tenants of the Trust, were declared to have been deemed purchased by the tenants under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 and the remaining land bearing survey Nos. 13 (0.39 guntha), 151 (129 acres and 03 gunthas) and 152 (0.14 gunthas), total admeasuring 131 acres 11 gunthas continued to be of the ownership of the Trust, which is the subject matter of the present petition. The said land was partially cultivated, in part of the land, grass was cultivated and the part of the land was used for grazing for the cattle and remaining part remained fallow. It is the case of the petitioner that without holding an inquiry whatsoever under the Bombay Land Revenue Code, 1879 (for brevity, "the Code"), the Trusts Act or the Devasthan Act, a mutation entry dated 19.12.1969 was posted in the revenue records indicating that the land had vested in the State Government. The Mamlatdar, as designated Collector under the Code, started inquiry under Section 37(2) of the Code, which is numbered as 7 of 1972 and by order dated 15.11.1976, it was held that the subject land belonged to the Government. Against the said order of the Mamlatdar, appeal being TEN.A.A. 93 of 1980 was preferred before the Gujarat Revenue Tribunal (for brevity, "the GRT") and the GRT, by order dated 01.03.1982, set aside the order of the Mamlatdar on the ground of non-joinder of necessary parties and remanded the matter to the Mamlatdar. The Mamlatdar, thus again held inquiry under Section 37(2) of the Code and by order dated 01.09.1988 held that the subject land vested in the State Government under Section 8 of the Devasthan Act and was of the ownership of the State Government. Against the said order of the Mamlatdar, the trustees preferred appeal being No. 44/88 before the Deputy Collector, Gandhinagar (Prant Officer). The Prant Officer, Gandhinagar by judgment and order dated 24.10.1991 allowed the said appeal and set aside the order dated 01.09.1988 of the Mamlatdar. Pending the said appeal, the trustees had entered into an agreement with Manoramya Resorts on 20.07.1989. It is further the case of the petitioner that District Collector, Gandhinagar issued show-cause notice dated 15.01.1992 to the trustees under Section 211 of the Code as to why the order of the Prant Officer, Gandhinagar dated 24.10.1991 not be set aside. However, no appeal wa