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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.P. THAKER, J.
Dhanvantiben Subhashbhai Jethva - Appellant
Versus
State of Gujarat - Respondent
R/Special Civil Application No. 2490 of 2019
Decided On : 23-11-2021
Constitution of India,1950 – Article 226 and 227 - Bombay Tenancy and Agricultural Lands Act, 1948 – Section 63 - Sale deed - Transfer - Present petitioner has challenged order passed by revenue authority for rejecting mutation of entry number on basis of registered sale deed of the suit land in question - It is say of petitioner that petitioner has purchased land - It is further case of petitioner that thereafter another sale deed was executed by widow of deceased and 11 others with respect to survey land and pursuant to revenue entry was mutated in revenue record - According to petitioner thereafter registered sale deed was executed in favor of present petitioner with respect to land in question and revenue record was mutated bearing survey which came to be rejected on ground that there are 26 names in record out of which six persons have executed registered sale deed and other co-owners have not executed same - Whether the breach of other enactment by impugned transfer or registered sale deed is made or not.
Finding of the Court :
It would not be proper to hold that even if there are breaches under other enactment or such transfer is barred under other enactment, revenue authorities exercising power under Code could have ignored same for purpose of recording mutation - In view, it cannot said that orders passed by all the authorities on the basis that Mamlatdar has not inquired into aforesaid three aspects namely as to whether there is any breach of provisions of Prevention of Fragmentation Act or provisions of Tenancy Act, are absolutely without any basis and the orders can be maintained only to extent that in case it is found by Mamlatdar after remand that there are prima facie breach of other enactment by transfer - Revenue authority is directed to enter name of the petitioner as owner of agricultural land in question in all the relevant revenue records.
Result: Petition is allowed
ORDER :
1. At the joint request of both the sides, the matter was heard finally at admission stage. Heard learned advocate Mr. R.N. Jadhav for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent-State.
2. By way of filing this petition under Article 226 and 227 of the Constitution of India the petitioner has prayed for the following reliefs.
(B) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order passed by the Deputy Collector Bhavnagar in Rev/ Appeal Case No. 167 of 2013-2014 vide order dated 22.04.2015,(2) impugned order passed by the Collector-Bhavnagar in Revision bearing No. R.O./Revision Case No.49 of 2015-16, dated 09.12.2015 and (3) impugned order passed by the Additional Secretary (Appeals) in Revision Application NO. MVV/HKP/BVN/No. 62 of 2016 dated 24.08.2018 and further be pleased to direct the appropriate authority to enter the name of the petitioner as owner of the agricultural land bearing Revenue Survey No. 201 Paiki 1m admeasureing Hector 00-76-89 along with Pot Kharaba land Hector 00-01-01, aggregately hector 00-77-90 out of which land admeasuring hector 00-38-95 of village Koliyak, Taluka Bhavnagar, District- Bhavnagar in all the relevant revenue records.
(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay execution, operation and implementation of the (1) impugned order passed by the Deputy Collector, Bhavnagar in Rev/ Appeal Case No. 167 of 2013-2014 vide order dated 22.04.2015,(2) impugned order passed by the Collector-Bhavnagar in Revision bearing No. R.O./Revision Case No.49 of 2015-16, dated 09.12.2015 and (3) impugned order passed by the Additional Secretary (Appeals) in Revision Application NO. MVV/HKP/BVN/No. 62 of 2016 dated 24.08.2018 and further be pleased to direct the appropriate authority to enter the name of the petitioner as owner of the agricultural land bearing Revneue Survey No. 201 Paiki 1m admeasureing Hector 00-76-89 along with Pot Kharaba land Hector 00-01-01, aggregately hector 00-77-90 out of which land admeasuring hector 00-38-95 of village Koliyak, Taluka Bhavnagar, District- Bhavnagar in all the relevant revenue records.
(D) Such other and further relief/s as may be deem just and proper in the facts and circumstances of the case may please be granted in favour of the petitioner in the interest of justice.”
3. The present petitioner has challenged the order passed by the revenue authority for rejecting the mutation of the entry number on the basis of the registered sale deed of the suit land in question. It is the say of the petitioner that the petitioner has purchased the land bearing revenue survey no. 201 Paiki 1, admeasuring Hector 00-76-89 along with Pot Kharaba land Hector 00-01-01, aggregately hector 00-38-98 of village Koliyak, Taluka Bhavanagar, District: Bhavnagar by way of registered sale deed No. 80 dated 10.01.2011, from the owners of the land namely (1) Ravjibhai Kanjibhai,(2) Divaliben Kanjibhai, (3) Amrutaben Kanjibhai, (4) Laxmiben Kanjibhai, (5) Bhavnaben Kanjibhai, (6) Khodabhai Kanjibhai. It is further contended that the Laxmiben Bachubhai has executed the registered sale deed no. 1558 in favour of Savjibhai Jadavbhai Dabhi on 15.05.1987, in respect of survey no. 195, wherein it was stated that by way of amicable settlement between the heirs, pursuant to that survey no. 195 was given as part of share of the properties in favour of Laxmiben Bachubhai and pursuant to that revenue entry no. 810 was mutated in the revenue record on 13.01.1988.
3.1 It is further the case of the petitioner that thereafter the another sale deed no. 3951 was executed by Baluben widow of deceased Jeevabhai and 11 others with respect to survey no. 201 admeasuring land acre 1:00 Gunthas in favour of Ravjibhai Bhayabhai and Khatabhai Jadavbhai and pursuant
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