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2020 Supreme(Guj) 174
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Meghuben Somabhai Rabari W/o Ramshibhai Kamabhai Rabari - Petitioner
Versus
State of Gujarat & Others - Respondents
R/Special Civil Application No. 7874 of 2018
Decided On : 06-02-2020
For the Petitioner: Mr. N.V. Gandhi
For the Respondent: Mr. Adityasinh Jadeja, AGP., Notice Served By Ds
Point of Law:
In any case, as notice could be said as without jurisdiction on the ground of delay and laches as per the well settled principles of law, we do not propose to express any final view on the aspect of Sec. 75 of the Ordinance. In any case, examining the matter on the either of situation, action of issuance of show cause notice can be said to be without jurisdiction, and hence, the petitioner would be justified in invoking the jurisdiction of this Court under Art. 226 of the Constitution.
Headnote:
Writ Petition - Constitution of India - Article 226 - It is a case of the petitioner that in fact the land belongs to her and is in her private ownership, which she has purchased by way of a registered sale deed. Petitioner has submitted that since the impugned notice is without jurisdiction, the same is required to be set aside. In support of his submissions, he has placed reliance on the judgment of the Division Bench rendered in the case. Petitioner has challenged the show-cause notice on the ground that the same is beyond jurisdiction. Held - The impugned notice is hereby quashed and set aside however, it is clarified that it will be open for the respondent authorities to pass appropriate reasoned order after giving an opportunity of hearing to the petitioner and after verification of the entire record, appropriate orders shall be passed within a period of three months from the date of receipt of the order of this Court - Petition allowed. (Para 11)
Facts of the Case:
It is a case of the petitioner that in fact the land belongs to her and is in her private ownership, which she has purchased by way of a registered sale deed. Petitioner has submitted that since the impugned notice is without jurisdiction, the same is required to be set aside.
Finding of the Court:
The impugned notice is hereby quashed and set aside however, it is clarified that it will be open for the respondent authorities to pass appropriate reasoned order after giving an opportunity of hearing to the petitioner and after verification of the entire record, appropriate orders shall be passed within a period of three months from the date of receipt of the order of this Court.
Result: Petition allowed.
ORDER :
1. In the present petition, the petitioner has challenged the show-cause notice dated 01.03.2018 on the ground that the same is beyond jurisdiction.
2. The impugned show-cause notice dated 01.03.2018 is issued by the Mamlatdar, Ranpur asking the present petitioner to vacate the land in question. It is a case of the petitioner that in fact the land belongs to her and is in her private ownership, which she has purchased by way of a registered sale deed dated 11.01.2010.
3. Learned advocate Mr.Gandhi appearing for the petitioner has submitted that since the impugned notice is without jurisdiction, the same is required to be set aside. In support of his submissions, he has placed reliance on the judgment of the Division Bench rendered in the case of Bharatbhai Naranbhai Vegda & Ors. Vs. State of Gujarat & Ors., reported in 2016 (2) GLR 1021.
4. The Government land bearing old Survey No.71 total admeasuring 23.36 acres and gunthas situated at Village Umrala, Taluka Dandhuka, District Botad was a waste land. It is submitted that in view of the Government Policy with regard to the parcels of the Government waste land, the petitioner made an application being a landless person. The part of such Government waste land of Survey No.71 along with Survey Nos.97, 130 and 149 of Village Umrala were allotted on permanent basis by way of new and impartible tenure in favour of 20 landless persons vide order dated 31.06.1968.
4.1 In view of the aforesaid allotment, the land bearing Survey No.71/2 admeasuring 16 acres, out of 23.26 acres and gunthas, was allotted in favour of one Rajabhai Khodabhai on permanent basis for new and impartible tenure and accordingly, a mutation Entry No.503 dated 16.03.1969 was posted in relation to the said order of allotment in favour of the said allottee.
4.2 Thereafter, the revenue record of the said parcel of the land bearing old Survey No.71/1 reveals that vide mutation Entry No.620 dated 20.09.1974, the name of the son of the original allotee Dhudabhai Rajabhai was entered in the record of rights, which was duly certified.
4.3 In view of the said policy, the said land of Survey No.71/2 was converted into old tenure subject to terms and conditions stated therein by paying the premium as specified in the order dated 10.04.2008. The said order of conversion was entered into Village Form No.6 vide Entry No.1625 dated 11.06.2008, which was duly certified by the Circle Officer, Ranpur vide order dated 10.10.2008. The said land of Survey No.71/2 was converted into old tenure subject to terms and conditions stated therein that “as per the Condition No.1, words “new tenure” from the 7/12 abstract was substituted vide words “old tenure” N.A. Subject to premium.” The said order of conversion was entered into Village Form No.6 vide mutation Entry No.1666 dated 01.12.2008, which was duly certified by Circle Officer, Ranpur vide order dated 19.01.2009.
4.4 After the said conversion into old tenure, the said parcel of agricultural lands total admeasuring 6-47-50 Hector-Are-Sq.mtrs. were sold vide five different registered sale deeds in favour of various persons, including the petitioner which are stated as below:
(a) agricultural land admeasuring 1-16-00 Hector-Are-Sq.mtrs. was conveyed and sold vide a registered sale deed dated 21.04.2008 registered before the Sub-Registrar, Dhandhuka at Serial No.1364 in favour of one Rajeshbhai Pravinbhai Patdiya and mutation Entry No.1630 dated 01.07.2008 was posted in the record of rights in favour of the said purchaser,
(b) agricultural land admeasuring 1-16-00 Hector-Are-Sq.mtrs. was conveyed and sold vide a registered sale deed dated 21.04.2008 registered before the Sub-Registrar, Dhandhuka at Serial No.1365 in favour of one Pareshbhai Pravinbhai Patdiya and mutation Entry No.1631 dated 01.07.2008 was posted in the record of rights in favour of the said purchaser,
(c) agricultural land admeasuring 1-38-50 Hector-Are-Sq.mtrs. was conveyed and sold vide a registered sale deed dated 11.01.
