Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Amitbhai Kantilal Jayswal & Ors - Appellant
Versus
State of Gujarat & Ors - Respondent
Special Civil Application No. 14055 of 2018
Decided On : 09-01-2020
Constitution of India - Article 226 - Writ Petition - It is the case of the petitioner that who is the mother of the petitioner no.1 to 5 and petitioner no.6- purchased a land situated in the sim of Taluka Kapadwanj by a registered sale deed. Thereafter, against the said sale transaction objections were raised and a notice was issued by the Mamlatdar, Kapadwanj to furnish the proof of agriculturists to the buyer of the said land. Thereafter, RTS/Takrari case was registered in the office of the Mamlatdar, Kapadwanj and the Mamlatdar granted opportunity of hearing to the parties to the proceedings. Petitioners contended that they are agriculturists and the aforesaid land was purchased by a registered sale deed. Thereafter, the order was passed by the Mamlatdar, Kapadwanj in favour of the buyer of the aforesaid land and the objections were rejected. Held - In the present case, unquestionably, the things had settled in the year 1999 after the investigation done by the Mamlatdar and late was issued certificate certifying her as an agriculturist, however, the District Collector by the impugned order has tried to resurrect the issue by resorting to passing such orders and subsequently, the Mamlatdar has issued notice after considerable delay of 8 years. Thus, the delay ranges from 19 to 8 years and hence, as per the law enunciated by the Division Bench as well as the Coordinate Bench, the impugned cannot be sustained and the same is hereby set aside. As a sequel, subsequent notices issued by the Mamlatdar, Kapadwanj, are also set aside- Writ petition is allowed. (Para 12)
Facts of the Case:
It is the case of the petitioner that who is the mother of the petitioner no.1 to 5 and petitioner no.6- purchased a land situated in the sim of Taluka Kapadwanj by a registered sale deed. Thereafter, against the said sale transaction objections were raised and a notice was issued by the Mamlatdar, Kapadwanj to furnish the proof of agriculturists to the buyer of the said land.
Finding of the Court:
- In the present case, unquestionably, the things had settled in the year 1999 after the investigation done by the Mamlatdar and late was issued certificate certifying her as an agriculturist, however, the District Collector by the impugned order has tried to resurrect the issue by resorting to passing such orders and subsequently, the Mamlatdar has issued notice after considerable delay of 8 years.
Result: Petition is allowed.
JUDGMENT :
With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.
Draft amendment is allowed in terms of draft. The same shall be carried out forthwith.
1. Rule. Learned AGP waives service of rule for the respondent no.1-State.
2. By this writ petition, the petitioner has prayed for the following relief:
3. The brief facts of the case leading to filing of the present writ petition are as under:
3.1. It is the case of the petitioner that Sarojben Kantilal Jayswal, who is the mother of the petitioner no.1 to 5 and Minaben Kantilal Jayswal and petitioner no.6-Falguniben Ganpatlal Jayswal purchased a land bearing Survey No.318 situated in the sim of Taiyabpura, Taluka Kapadwanj by a registered sale deed dated 10.02.1999. Thereafter, against the said sale transaction objections were raised and a notice dated 18.03.1999 was issued by the Mamlatdar, Kapadwanj to furnish the proof of agriculturists to the buyer of the said land. Thereafter, RTS/Takrari case No.4/1999 was registered in the office of the Mamlatdar, Kapadwanj and the Mamlatdar granted opportunity of hearing to the parties to the proceedings. Sarojben Kantilal Jayswal and Falguniben Ganpatlal Jayswal contended that they are agriculturists and the aforesaid land was purchased by a registered sale deed. Thereafter, the order dated 27.05.1999 was passed by the Mamlatdar, Kapadwanj in favour of the buyer of the aforesaid land and the objections were rejected.
3.2. Thereafter, Sarojben Kantilal Jayswal and the petitioner no.6- Falguniben Ganpatlal Jayswal purchased the land bearing Survey No.1081/paiki/1 situated in the sim of Antisar Kapadwanj, District Kheda by registered sale deed no.1137 dated 23.08.2004 and accordingly, Entry No.10333 of the said sale transaction was mutated on 19.07.2005 and the same was certified in the revenue record. Again, Sarojben Kantilal Jayswal and petitioner no.6-Falguniben Ganpatlal Jayswal purchased the land bearing Survey No.8/3 situated in the sim of Mirapur village, Taluka Kapadwanj, District Kheda by a registered sale deed no.1028 dated 07.07.2006 and accordingly, Entry No.1606 dated 14.07.2006 of the said sale transaction was mutated and certified in the revenue record. Thereafter, Sarojben Kantilal Jayswal passed away on 01.08.2009 and thereafter, succession Entry No.1743 dated 20.08.2009 was mutated and certified on 09.10.2009 in the revenue record. Thereafter, petitioner no.2- Vinasbhai Kantilal Jayswal purchased the agricultural land bearing Survey No.9 situated in the sim of Mirapur village, Taluka Kapadwanj, District Kheda by a registered sale deed no.57 dated 11.01.2010 and accordingly, Entry no.1771 dated 20.01.2010 was mutated and it was certified on 09.03.2010 in the revenue record.
3.3. Subsequently, the petitioner no.2-Vinasbhai Kantilal Jayswal again purchased the agricultural land bearing Survey No.6/paiki/1 situated in the sim of Mohammadpura village, Taluka Kapadwanj, District Kheda by registered sale deed no.383 dated 15.04.2010 and accordingly, Entry no.1774 dated 20.04.2010 was mutated and it was certified on 29.06.2010 in the revenue record.
3.4. By the impugned order dated 06.08.2018, the District Collector, Kheda referred the aforesaid sale transaction executed in favour of petitioner no.2-Vinasbhai Kantilal Jayswal to the Mamlatdar and Krisipanch, Kapadwanj for undertaking necessary inquiry under section 84C of the Gujarat Tenancy and
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
