IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S. DESAI, J.
MAHENDRABHAI PRABHUDAS PATEL - Appellant
Versus
GUJARAT REVENUE TRIBUNAL - Respondent
SPECIAL CIVIL APPLICATION NO. 14685 of 2021
Decided On : 16-12-2021
Gujarat Land Revenue Rules, 1972 - Rule 108(5) - Order passed by Collector by preferring Revision Application - Petitioner purchased land by way of registered sale-deed, it seems that some proceedings under Tenancy Act were going on against predecessor-in-title of petitioners in respect of land in question - Revision application was rejected by Gujarat Revenue Tribunal by Gujarat Revenue Tribunal on two grounds i.e. (i) review application was preferred after delay of 8 years and (ii) petitioners were not party to revenue application and petitioners have no locus - Held, matter having merit may not be dismissed on ground of delay is concerned, here case of delay is on account of negligence on part petitioner and despite petitioner had knowledge about pending litigation after purchasing land, it is only because of negligence of petitioner did not prefer any application before GRT - Negligence cannot be permitted to be covered by believing version of petitioner that petitioners were unaware about pendency of litigation and he came to know about pendency of litigation and after Circular of Government was never produced before GRT and, therefore also at this juncture when record is established that it is only because of negligence of petitioner he has not made any application before GRT at that relevant point of time, such action cannot be condoned by permitting petitioner to have one more chance at cost of other litigants more particularly when order passed by ‘SSRD’ in revision application which was also rejected by SSRD and as it seems from record that petitioners have not challenged order also before any of authority, or before this Court by initiating appropriate proceedings - Petition dismissed.
ORDER :
1. By way of this petition, the petitioners have prayed for quashing and setting aside the order dated 05.03.2021 passed by the Gujarat Revenue Tribunal in Review Application No.TEN / CA / 9 / 2018 in Revision Application No.TEN / BA/ 412 / 2006.
2. Heard learned advocate Mr.Venugopal Patel for the petitioner and learned Assistant Government Pleader for the respondent State.
3. Learned advocate Mr.Patel submitted that the petitioners herein have purchased land bearing Block No.426/1, 449, 451 and 416 of Village Kapurai, Tal.Dist.Vadodara by way of four separate registered sale deeds dated 20.05.2009 from Respondent Nos.5.1 to 5.4 who are legal heirs of Respondent No.5. Pursuant to the said sale-deeds name of the petitioners were mutated in the revenue record vide Entry No.3126, 3127, 3128 and 3129 dated 25.05.2009.
3.1 According to Mr.Patel the aforesaid lands were originally belonging to Krishnalal Ramchandra @ Pujari of Shri Ramji Temple and the petitioners purchased the lands from his legal heirs. As per the record, pursuant to the sale-deeds executed in favour of petitioner on 20.05.2009, for which the Entry No.3126, 3127, 3128 and 3129 were mutated in the name of petitioners which were objected by the Respondent No.6 viz. Legal heirs of Becharbhai Maganbhai Patel before the Mamlatdar, Vadodara (City) and by way of four separate orders of even dated 14.12.2009 the aforesaid entries were rejected by passing separate orders in RTS / Takrari Case No.48 of 2009, 49 of 2009, 50 of 2009 and 51 of 2009.
3.2 The present petitioners being aggrieved by the said orders dated 14.12.2009 preferred appeal being RTS / Appeal Nos.256 of 2010, 258 of 2010, 259 of 2010 and 260 of 2010 before the Deputy Collector, Vadodara. Ultimately the Deputy Collector, Vadodara City vide common order dated 19.11.2010 rejected the appeals preferred by the petitioner and confirmed the orders dated 14.12.2009 and 19.01.2010 passed by the Deputy Collector in RTS / Takrari Case No.48 of 2009, 49 of 2009, 50 of 2009 and 51 of 2009 and further held that the aforesaid revenue entries, which are in dispute being Entry No.3126, 3127, 3128 and 3129 in respect of Block No.426/1, 449, 451, 416 of Mouje Kapurai, Tal.Dist.Vadodara would be subject to final outcome of Revision Application pending before the Gujarat Revenue Tribunal being TEN / BA/ 412 of 2006.
3.3 The aforesaid order dated 19.11.2010 was further carried into Revision under Rule 108 (5) of Gujarat Land Revenue Rules before the Collector, Vadodara by way of RTS / RA / 174 of 2010 and ultimately the aforesaid revision application also was rejected by the Collector, Vadodara vide order dated 30.10.2012.
3.4 The present petitioners once again challenged the aforesaid order passed by the Collector, Vadodara in RTS / RA / No.174 of 2010 by preferring Revision Application being No.MVV/ HKP / VDD / 13/ of 2013 (‘13 of 2013’, for short) before the Special Secretary (Appeals), Revenue Department, Ahmedabad (‘SSRD’, for short) and the said Revision Application preferred by the petitioner under Rule 108(6) (a) of the Rules was also rejected by ‘SSRD’ vide order dated 10.07.2017.
3.5 It seems that the aforesaid order dated 10.07.2010 has become final as there is no mention in the petition about whether aforesaid order was ever challenged by the petitioner or not.
3.6 In the meantime, before petitioner purchased the land by way of registered sale-deed on 20.05.2009, it seems that some proceedings under Tenancy Act were going on against the predecessor-in-title of the petitioners in respect of the land in question. In respect of those proceedings, Mamlatdar and ALT, Vadodara passed an order dated 05.03.2005 in Tenancy Case No.503 of 2004. This order passed by the Mamlatdar and ALT, Vadodara dated 05.03.2005 was carried in appeal before the Deputy Collector (Land Reforms) by way of Tenancy Appeal No.24 of 2006 which was decided on 27.11.2006 and, therefore, against the order dated 27.11.2006 passed by the Deputy Collecto
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