IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bela M. Trivedi, J.
Harkhuben D/o Deceased Lalabhai Bawabhai & Ors. - Appellants
Vs.
State of Gujarat & Ors. - Respondents
Special Civil Application No. 7189 of 2015, 15224 of 2014, 15731 of 2014, 13405 of 2017
Decided On : 06-03-2019
Constitution of India, Art. 226 – Suit seeking declaration and injunction – Claim of ownership of land – Mutation of name of deceased in revenue Records – Fraud by wrongly posing himself to be an agriculturist for purchasing the land – Challenged – Held, None of Courts or revenue authorities declared that entry mutated in favour of deceased tainted by fraud, and therefore, he and in turn his son could not be said to be an agriculturists – Even if an order is void or is tainted by fraud, it requires to be so declared by a competent forum and it is not permissible for any person to ignore the same, merely because in his opinion the order is void – Petitioner been held to be neither person aggrieved nor interested to challenge the said entry or the status of the deceased – Petitions dismissed [Para 24, 26, 28]
Bela M. Trivedi, J.
The subject land bearing Survey No.223/2 situated at Village Shingarva, Taluka Daskroi, District Ahmedabad being common in all the petitions, they were heard together with the consent of the learned Advocates for the parties and this common judgment is being passed.
2. Though the petitions have chequered history, the broad undisputed facts as culled out from the record may be summarized as under:-
2.1 One Bawabhai Karsanbhai Waghela owned the agricultural lands bearing Survey Nos.223/2, 184/1, 185/2, 213 and 223/3 situated at Village Shingarva, Taluka Daskroi, District Ahmedabad. The subject land is Survey No.223/2. The said Bawabhai had two sons named Lalabhai Bawabhai and Mangaldas Bawabhai. The said Lalabhai had six daughters named Savitaben, Gangaben, Muliben, (who expired issue-less on 13.12.1997), Maghiben (who expired on 6.2.1969), Harkhuben (who expired on 19.5.1989), and Laxmiben (who expired on 2.10.1976). The said Mangaldas had two sons named Kalidas and Ganeshdas. The said Mangaldas expired on 3.8.1974. The said Lalabhai Bawabhai expired on 12.7.1993.
2.2. On 27.4.1979 an entry being No.1332 came to be recorded in the revenue record as regards the partition of properties belonging to Bawabhai Karsanbhai, showing Survey No.223/2 i.e. the subject land falling in the share of Lalabhai Bawabhai, and other Survey numbers bearing No.184/1, 185/2, 217 and 223/3 falling in the share of Kalidas and Ganeshdas i.e. sons of Mangaldas Bawabhai.
2.3 On 1.11.1993 a revenue entry being No.1830 came to be recorded, mutating the names of Gangaben and Savitaben, i.e. two surviving daughters of Lalabhai Bawabhai in respect of the subject land. The said entry was certified on 8.12.1993.
2.4 On 5.9.1994, a revenue entry being No.1853 came to be recorded, by which names of Kalidas Mangaldas and Ganeshdas Mangaldas were mutated as the co-owners along with Gangaben and Savitaben in respect of the subject land. The said entry was certified on 29.10.1994.
2.5 Another entry being No.1914 came to be mutated on 8.1.1996 recording relinquishment of right by Gangaben and Savitaben in respect of the subject land in favour of Kalidas and Mangaldas as per the registered Relinquishment Deed dated 19.12.1995.
2.6 In the year 2008, one Pravinbhai Shivabhai, one of the grandsons of the deceased Lalabhai Bawabhai and son of Laxmiben Lalabhai filed an appeal being RTS Appeal No.114 of 2008, challenging the entries being Nos.1830, 1853, and 1914 before the Pranth Officer and Deputy Collector, Viramgam. The said Pravinbhai also made an application in the form of "Chuk Varsai" along with the Pedhinama dated 5.8.2008 prepared by Talati-cum-Mantri, Singarva, requesting the Mamlatdar, Daskroi, to enter the names of legal representatives of Lalabhai Bawabhai in the revenue record. The Mamlatdar, Daskroi, therefore, mutated seven names vide the entry No.2462 in the Village Form No. VI on 27.10.2008.
2.7 The said RTS Appeal No.114 of 2008 came to be dismissed by the Deputy Collector, Viramgam vide the order dated 20.8.2008 on the ground of limitation as well as on merits. On the basis of the said order dated 20.8.2008, the said entry No.2462 was not certified and was cancelled on 12.12.2008 by the Circle Officer.
2.8 Thereafter, Some of the legal representatives of the deceased Lalabhai Bawabhai filed RTS Appeal No.369 of 2009 before the Deputy Collector and Pranth Officer, Viramgam, challenging the order dated 12.12.2008 passed by the Circle Officer, not certifying the entry No.2462. The said appeal came to be rejected by the Deputy Collector vide the order dated 7.9.2010, against which the said legal heirs had preferred Revision Application being No.337/2010 before the District Collector, Ahmedabad. The said Revision Application came to be rejected vide the order dated 17.8.2012, against which the said legal heirs had preferred another Revision Application being No.97/2012 before the SSRD. The said Revision Application came to be rejected by
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