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2021 Supreme(Guj) 617

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ASHUTOSH J. SHASTRI, J.
JIGARBHAI KAUSHIKBHAI PATEL - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION NO. 22880 of 2019
Decided On : 08-09-2021

Advocates Appeared:
For The Appellant : A B PATEL
For The Respondent: MS.NISHA THAKOR, AGP ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP

Point of Law : Since at this stage petitioner's application is not accepted, it would not prevent the petitioner from all time to come not to repeat the request after disposal of inter se litigations which are pending hence, no jurisdiction be exercised as prayed for. Accordingly, a request is made not to entertain the petition.

Headnote:

Constitution of India,1950 - Article 226 - Civil Procedure Code 1908 - Order 7 Rule 11 - Seeking conversion of disputed land as "Old Tenure" - Petitioner has purchased land in dispute through registered sale deed and subject land is an agricultural land situated at Party District which was purchased as a bona fide purchaser after making full payment by way of consideration - Transaction of sale has been mutated in revenue records vide Mutation Entry - Predecessor-in-title of petitioner was declared as a tenant by learned and said order came to be confirmed by learned Deputy Collector (Land Reforms) and both said orders also came to be confirmed by learned Gujarat Revenue Tribunal order and as such by virtue of court orders predecessor of petitioner was declared as a tenant of subject land and these orders were also challenged by way of petition before Court being Special Civil Application which also came to be disposed of by confirming orders vide judgment and order.

Finding of the Court :

Petitioner has also not made out any case that irrespective of pendency of litigation any prejudice will cause if request is not considered - Absence thereof also Court is of opinion not to interfere with in exercise of extraordinary jurisdiction - It further appears that a case is put up that at relevant point of time when transaction entered into land was having a status of “Old Tenure” but it appears that very fact that Petitioner applied for conversion would indicate that innocence which have been pleaded about being not aware of exact status of land and being bona fide purchaser cannot be safely accepted - As a result of Court no serious prejudice is caused to petitioner hence in peculiar background of facts Court is not inclined to exercise equitable jurisdiction - Transaction will have to be examined by competent forum where proceedings are pending Court has refrained itself from expressing any opinion related to such controversy and dismissal of Court petition will not come in way of petitioner to re-agitate issue after disposal of said pending controversy as reflected in impugned order and it is further clarified that Court dismissal will not also come in way of such proceedings which are pending for its disposal in accordance with law.

Result: Petition dismissed

ORDER :

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the impugned communication dated 02.12.2019 by virtue of which a request dated 15.11.2019 came to be turned out.

2. The background of the facts which has given rise to the present petition is that the petitioner has purchased the land in dispute through registered sale deed dated 20.09.2016 and this subject land is an agricultural land bearing Block/Survey No.2659 admeasuring 3845 Sq. Mtrs. situated at Mouje Kakarkhad Party, Taluka Nadiad City, District Kheda, which was purchased as a bona fide purchaser after making full payment by way of consideration. This transaction of sale has been mutated in the revenue records vide Mutation Entry No.26267. The predecessor-in-title of the petitioner was declared as a tenant by the learned Mamlatdar and A.L.T., Nadiad vide order dated 19.04.2005. The said order came to be confirmed by the learned Deputy Collector (Land Reforms), Nadiad on 15.12.2006 and both the said orders also came to be confirmed by the learned Gujarat Revenue Tribunal, Ahmedabad vide order dated 11.04.2012 and as such, by virtue of these orders, the predecessor of the petitioner was declared as a tenant of the subject land and these orders were also challenged by way of petition before this Court being Special Civil Application No.3372 of 2014, which also came to be disposed of by confirming the orders vide judgment and order dated 27.06.2017.

2.1 It is the case of the petitioner that at the time when the petitioner purchased the subject land, the revenue record was reflecting the land as "Old Tenure" and later on, the revenue records pertains and reflects a change of tenure from "New Tenure" to "Old Tenure" which was certified and entry related to it, was Entry No.24517/A and as such, when the petitioner purchased the land, there was no restriction, accordingly, the petition. This entry of conversion was the subject matter of challenge by one Mr.Mukundbhai Mathurbhai Patel and others before the learned Deputy Collector, Nadiad by way of filing R.T.S. Appeal No.116 of 2017 wherein the Appeal came to be allowed by the Deputy Collector vide order dated 09.05.2017 and the entry came to be set aside.

2.2. It is further the case of the petitioner that learned Mamlatdar (City) vide report dated 06.04.2017 was pleased to inform the learned Deputy Collector informing that Mutation Entry No.26267 which was made pursuant to the said transaction was required to be cancelled by taking the same in revision since the same is in conflict with the Revenue Entry No.24517/A which came to be set aside. Based upon such report, the learned Deputy Collector, Nadiad vide Revision Appeal No. 103 of 2017 was pleased to set aside the Mutation Entry No.26267 and directed to initiate appropriate proceedings for breach of condition. The said order dated 18.04.2017 was passed in Revision / Appeal No.103 of 2017.

2.3 Feeling aggrieved by the said order, the petitioner has challenged the said decision of the Deputy Collector, Kheda by way of filing Revision Application being RTS/RA/196/16 and during the passage of this multiple proceedings, the original owners of the disputed land have also initiated various proceedings under civil as well as criminal law and according to the petitioner, the same herein with a view to pressurize and extort money, the original land owners filed a Special Civil Suit No.25 of 2017 before the learned 3rd Additional Senior Civil Judge, Nadiad seeking cancellation of sale deed executed in favour of the petitioner. By that time, on 02.05.2017, the petitioner filed an application before respondent No.2 indicating that petitioner is ready and willing to pay the premium as per the prevailing policy of the Government but the learned Collector, Kheda has not taking any decision upon such application which has given rise to filing of Special Civil Application No.12930 of 2017 before this Co

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