IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
Dhirendra Jivrajbhai Korat and Ors. - Petitioners
Versus
Deputy Collector and Ors. - Respondents
Special Civil Application No. 16611 of 2013
Decided On : 29-06-2018
Lands Ceiling Act, 1960 – Section 29 – Constitution of India – Art. 227 – Allotment of land – Once allotment of land is made under sub-sec. (1) or (2) of Sec. 29 of Act, 1960, thereafter, for the purposes of payment of revenue etc., provisions of Bombay Land Revenue Code, 1879 would apply – This provision should not be interpreted to mean that as provisions of Bombay Land Revenue Code, are made applicable upon allotment of land, thereafter, if any proceedings are initiated and any order is passed under Act, 1960, then it is only S.R.D. who has jurisdiction – Provisions of Bombay Land Revenue Code are made applicable only after allotment of land for the purposes of payment of revenue etc. – If an order is passed under provisions of Act, 1960 itself, and when Act provides for a revision before Gujarat Revenue Tribunal, then Tribunal is vested with jurisdiction to decide such a revision application – Impugned order passed by Gujarat Revenue Tribunal quashed and set aside and matter remitted to Gujarat Revenue Tribunal. (Paras 17, 18 and 19)
J.B. PARDIWALA, J.
1. By this application under Art. 227 of the Constitution of India, the applicants call in question the legality and validity of the order dated 6th August, 2013 passed by the Gujarat Revenue Tribunal in the Revision Application No. TEN/BR/2/13, by which the Revision Application filed by the applicants herein came to be rejected on the ground that the same was not maintainable before the Tribunal.
2. On 4th December, 2013, while issuing notice, the following order was passed:
"Heard learned Counsel for the petitioners.
NOTICE returnable on 24th December, 2013. Direct Service is permitted.
Status-quo qua the subject land be maintained by the concerned parties till final disposal of this petition, meaning thereby, that there shall be no alienation of the subject land in any manner, without the permission of this Court."
The controversy giving rise to this application is in a very narrow compass. A parcel of land bearing Survey No. 427 situated in the sim of village Bordi Samdiyada, Taluka Jetpur, District Rajkot, was originally owned by one Jaswantlal Chaprajwala. In the proceedings initiated under the Gujarat Agricultural Lands Ceiling Act, the land admeasuring 10 Acres out of Survey No. 427 was declared to be in excess. It came to be forfeited in the State Government in accordance with the provisions of the Lands Ceiling Act. Out of 10-Acres of land declared to be excess, one Hirabhai Govindbhai Harijan claiming to be a landless labourer came to be allotted 3 Acres 10 Gunthas of land and one Babubhai Jivabhai Harijan was allotted 3 Acres 15 Gunthas of land by the order of the Deputy Collector, Gondal, passed under Sec. 29 of the Act. An Entry No. 1146 came to be mutated in the revenue records in this regard.
3. On 27th May, 2002, Hirabhai Govindbhai Harijan preferred an application for converting the land from new tenure to old tenure. The land came to be converted to old tenure vide order passed by the Deputy Collector, Gondal, and an Entry No. 2570 came to be mutated in the revenue records.
4. It appears that Hirabhai Govindbhai Harijan transferred the land which was allotted to him under Sec. 29 of the Act in favour of one Priyavadan Jivrajbhai Korat for a total sale consideration of Rs. 60,000.00 by way of a registered sale-deed. An entry bearing No. 2610 came to be mutated in the record of rights in this regard. Later, the said land came to be transferred by Priyavadan Jivrajbhai Korat in favour of his wife Gitaben Priyavadan Korat. An entry bearing No. 3160 came to be mutated in this regard in the record of rights on 22nd July, 2008.
5. Babubhai Jivabhai Harijan who was allotted land under Sec. 29 of the Act, passed away. In such circumstances, his legal heirs sought permission from the Collector for converting the land from new tenure to old tenure. It appears that on the land being converted to old tenure, the same was sold to Umeshbhai Jivrajbhai Korat by a registered sale-deed No. 1379 dated 6th July, 2002. An Entry No. 2611 came to be mutated in the record of rights in this regard. On 18th December, 2008, the petitioner Nos. 1 and 2 herein purchased the land bearing Survey No. 427/3/p by a registered sale-deed and an Entry No. 4497 came to be mutated in the revenue records. The Deputy Collector came to know about such transfer. By order dated 4th October, 2011, the allotment which was originally granted in favour of Babubhai Jivabhai Harijan came to be cancelled under the provisions of Sec. 30 of the Act. The matter went before the Gujarat Revenue Tribunal. The Tribunal remanded the matter to the Deputy Collector for fresh hearing. The Deputy Collector, on remand, once again heard the respective parties and rejected the revision application vide order dated 22nd December, 2012. The applicants herein once again preferred a revision application before the Gujarat Revenue Tribunal, and the Tri
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