IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. SUBHASH REDDY, VIPUL M. PANCHOLI, JJ.
Heirs of Bai Manchi W/o Gulabji Mohanji - Petitioners
Versus
State of Gujarat - Respondents
R/Letters Patent Appeal No. 1064, 1065 of 2017 In Special Civil Application No. 15818, 15817 of 2016, Civil Application No. 1 of 2017
Decided On : 05-10-2018
Gujarat Tenancy and Agricultural Lands Act, 1948 – Section 32M – In view of fact that purchase price of land in question has been paid by predecessor of petitioners to original land owners and when Certificate issued under Section 32M of Tenancy Act is issued in favour of petitioners, Gujarat Revenue Tribunal has committed an error while allowing Revision Applications and filed by private respondents, therefore, order of Tribunal is required to be quashed and set aside – Impugned judgment rendered by Single Judge in captioned petitions is also required to be set aside – Appeals dismissed. (Paras 20 and 21)
VIPUL M. PANCHOLI, J.
1. Both these appeals are filed under Clause15 of the Letters Patent by the appellants–original petitioners against common C.A.V. judgment dated 05.05.2017 passed by the learned Single Judge in Special Civil Application No.15817 of 2016 with Special Civil Application No.15818 of 2016, by which the learned Single Judge dismissed both the petitions.
2. As the issue involved in both these appeals is same and as the learned Single Judge has passed common C.A.V. judgment, with the consent of the learned advocates appearing for the parties, both the appeals are heard together and are being disposed of by this common judgment.
3. The facts of the present case in nutshell are as under:
3.1 The petitioners are the heirs and legal representatives of one Gulabji Mohanji. It is stated that Gulabji Mohanji was the deemed tenant of the land bearing Survey Nos.218/5, 218/6, 218/7 and 218/8 situated at Village Lilapur, Taluka Dascroi, Ahmedabad. Respondent Nos.4 to 13 are the original land owners of the aforesaid land. Whereas respondent No.14 is a purchaser of the land from respondent Nos.4 to 13. It is the case of the petitioners that the purchase price of the disputed land was fixed at Rs.1,000/- and the said amount was paid to the original owners. A Certificate under Section 32M of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as “the Tenancy Act” for the sake of convenience) was issued in favour of the deemed tenant. Accordingly, Revenue Entry No.630 came to be mutated in the revenue record. It is stated that the petitioners are in possession of the land which was cultivated by their predecessor since 1951-52. After the death of Gulabji Mohanji, the names of his heirs have been mutated in the revenue record. Thereafter, distribution of the land in question had taken place between the brothers and, therefore, Entry No.688 came to be mutated on 25.04.1972. It is the grievance of the petitioners that though they are deemed tenants of the land in question, respondent Nos.4 to 13 sold the land in question by registered Sale Deed to respondent No.14 on 22.05.2005 and, thereafter, the respondents filed an application before the Mamlatdar and ALT for deletion of the names of the petitioners from the revenue record. The Mamlatdar and ALT, by an order dated 21.05.2007, directed the deletion of the names of the petitioners from the second right column. The petitioners, therefore, filed an appeal before the Deputy Collector. The Deputy Collector passed an order on 12.09.2008 and remanded the matter back to the Mamlatdar and ALT. The Mamlatdar and ALT thereafter passed an order on 23.10.2009 in Tenancy Case No.160/2008 (Remand) holding that the tenancy rights of the petitioners are not cancelled and they are entitled to purchase the land under Section 32G of the Tenancy Act. Being aggrieved and dissatisfied with the same, respondent Nos.4 to 13 preferred an appeal before the Deputy Collector. The said appeal came to be rejected by order dated 23.07.2014. Therefore, the private respondents filed Revision Application before the Gujarat Revenue Tribunal (‘Tribunal’ for short). The Tribunal by order dated 09.05.2016 quashed and set aside the order passed by the Deputy Collector. The petitioners, therefore, filed the captioned petition, in which, the petitioners prayed for the following reliefs:
“(a) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction in nature of certiorari for quashing and set aside the impugned order dated 09.05.2016, passed by the Gujarat Revenue Tribunal, in Revision Application No.TEN/BA/186/2014 with all consequential effects.
(b) Pending the admission and final disposal of this petition, Your Lordships may be pleased to stay the impugned order dated 09.05.2016 passed by the Gujarat Revenue Tribunal, in Revision Application No.TEN/BA/186/2014.
(c) Grant such other and further relief/s granted as may be deemed fit and p
Amrit Bhikaji Kale And Others vs. Kashinath Janardhan Trade And Another
Baldevbhai Shivabhai Patel (Since Decd.) Through His Heirs And Ors. v. State of Gujarat And Ors.
Dahyabhai Somabhai v. Ramaji Kesarji
Dayandeo Ganpat Jadhav v. Madhav Vithal Bhaskar and others
Dr.Shehla Burney v. Syed Ali Mossa Raza (Dead) By Lrs.
G.M., O.N.G.C. Ltd. v. Sendhabhai Vastaram Patel
Ramachandra Keshav Adke v. Govind Joti Chavare
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.