Point of Law: Once a person is selling away the land in question, he cannot maintain litigation as he has lost interest, title and that being the position

JUDGMENT :

1. The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking the following reliefs :

“18(A) To admit this petition and

(B) To issue an appropriate writ of mandamus and/or certiorari or any other appropriate writ, order or directions, in the nature of mandamus and/or certiorari inter alia quashing and setting aside both the impugned orders passed by the learned Collector, Bhavnagar dated 29.11.2004 in Revenue Appeal No. 37/2003-04 and the order of the learned Special Secretary (Appeals) Gujarat State, passed in Revision Application No. 2 of 2005 dated 11.11.2005 and purported to have been issued on 06.12.2005, in view of the aforesaid grounds made out in this writ petition and on appropriate order confirming the order passed by the learned Deputy Collector in Revenue Appeal No. 27/2001-02 dated 17.10.2003 may kindly be passed after calling for the record and proceedings of the Revenue authorities below.

(C) Pending admission, hearing and final disposal of this writ petition, the execution and further implementation of both the impugned orders passed by the learned Collector and the Special Secretary (Appeals) Gujarat State, respectively and as described in para 18(B) herein before may kindly be stayed as and by way of grant of adinterim relief.

(D) To grant such other and further orders as may be deemed fit and proper in the facts and circumstances of the case may kindly be passed.”

2. The facts leading to the rise of the present petition are that petitioner – Lakhabhai Ramjibhai is a blind man by birth and is thoroughly illiterate farmer. The father of the petitionerRamjibhai Khodabhai held almost 282 acres of agricultural land in Village Nastipur, Taluka : Vallabhipur, District : Bhavnagar. The said Ramjibhai Khodabhai died in the year 1978, leaving behind approximately 189 acres of agricultural lands. From the said portion, which was held and retained by the present respondent nos. 4 to 9, who are the legal heirs of deceased Ramjibhai Khodabhai out of 189 acres of the said agricultural land, only 18 acres and 34 gunthas had been allowed to be held by the petitioner under his cultivation including one portion of Survey No. 42 paiki, admeasuring 6 acres and 24 gunthas and substantial portion of land out of the aforesaid 189 acres of land were held and retained by all such legal heirs who happened to be brothers. On 06.02.1997 revenue entry no. 1005 was indicating the names of all legal heirs of deceased Ramjibhai Khodabhai including the name of the present petitioner. According to the petitioner, one of such legal heirs of deceased Ramjibhai Khodabhai named as Panchabhai Ramjibhai, who happened to be brother of the petitioner has sold out two (2) fractions of Survey No. 41 paiki to the third party by entering into registered sale transaction and to that effect, on 20.02.1997 a revenue entry was also made being entry nos. 1012 and 1014 respectively. On the same date i.e. on 20.02.1997, some 4 acres of land out of 17 acres of land bearing Survey No. 42 paiki was agreed to be transferred in the name of Kashiben widow of Popatbhai Ramjibhai, by consent of Chhaganbhai Ramjibhai etc., and to that effect, revenue entry no. 1025 was also inserted in the revenue records which also got certified.

2.1. It is the case of the petitioner that for the first time the family arrangement was made amongst the family members with regard to the land bearing Survey Nos. 41 paiki and 42 paiki, pursuant to which, out of total area of 17 acres of Survey No. 41 paiki, parcel of 6 acres and 24 gunthas which was held in actual possession and cultivation of the petitioner, which was agreed to be retained in the name of petitioner in revenue record and at that time several other fractions of such survey numbers i.e. Survey Nos.42 paiki and 41 paiki were also agreed to be alloted and mutated in the names of other respective family members and such arrangement was actually mutated between the partie