Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A. P. Thaker, J.
Gurudipisingh Atma Singh Sardar - Appellant
Versus
State Of Gujarat & others - Respondent
Special Civil Application No. 21806 of 2017, 5136 of 2019
Decided On : 22-04-2022
Land Revenue Code - Land Acquisition - Gujarat Tenancy and Agricultural Land Act, 1948 - Special Civil Application
Fact of the Case:
The petitioners challenged the cancellation of revenue entries by the revenue authorities, alleging that the orders were contrary to the Gujarat Land Revenue Code and were not supported by the evidence. They also contended that the authorities had exceeded their revisional powers and that the transactions could not be set aside without a competent court order.
Finding of the Court:
The court found that the petitioners were agriculturists and had the right to purchase the land. It held that the revenue authorities' orders were unsustainable in law and that the exercise of revisional powers was not within a reasonable time. The court also ruled that the authorities had no jurisdiction to set aside the sale transactions without a competent court order.
Issues: The issues involved the cancellation of revenue entries, the exercise of revisional powers, and the jurisdiction of the revenue authorities to set aside sale transactions.
Ratio Decidendi: The court relied on the Full Bench decision, which held that a person who does not own agricultural land within the State of Gujarat at the time of purchase cannot be treated as a non-agriculturist within the meaning of the Act. The court also emphasized that the revenue authorities cannot take decisions under other statutes like the Tenancy Act during RTS proceedings.
Final Decision: The court quashed and set aside the impugned orders of the revenue authorities in both petitions, allowing the petitions and making the rule absolute in both cases.
JUDGMENT :
1. Since common question of law are involved in both these matters, both the matters are tagged together and hence, heard together.
2. Being aggrieved by the order dated 11.08.2017 passed by the learned Special Secretary Revenue Department (hereinafter referred to as “the SSRD”) whereby revision application no.MVV/HKP/ VAD/80/2013 of the petitioner came to be rejected and order of the District Collector dated 28.03.2013 in RTS/Suo Motu/Rev/Case No.53 of 2012 came to be confirmed, the petitioner Mr.Gurdipsinh A. Sardar has filed the present Special Civil Application No.21806 of 2017 under Article 226 of the Constitution of India.
3. Being aggrieved by the order dated 21.06.2013 passed by the District Collector in R.T.S./ Suo Motu/Case No.13 of 2012 as well as the impugned order dated 30.01.2019 passed by the Special Secretary, Revenue Department in Revision Application No.MVV/HKP/VADAD/173 of 2013, the petitioner Smt. Jatenderjeet Kaur mahipal Singh has filed the present Special Civil Application No.5136 of 2019 under Article 226 of the Constitution of India.
4. The facts of the Special Civil Application No.21806 of 2017 are as under:-
5. The brief facts of the petition are that the petitioner was earlier occupying premises situated at Block No.452 admeasuring hectares 0-19-22 of Mouje Manjusar, Taluka Savli which came to be regularized by the Additional Mamlatdar and Krushipanch Savli vide order dated 09.02.1994 in Tenancy Case No.70/B/184-C/1817/94 upon the payment of fine. The name of the petitioner was mutated in the revenue record vide entry no.5522 dated 22.02.1994, thereafter the said land was acquired by GIDC Savli vide award no.KH/F/M/JS/VD-84(1) and certificate dated 07.04.1994 bearing registration no.694 was issued to the petitioner. That the said certificate specifically mentions that the certificate is being issued for the purpose of buying land anywhere else in the State of Gujarat. Accordingly, the petitioner purchased land situated at revenue survey nos.110, 114 and 814 admeasuring 0-13-08 hectares RA-Squaremeters situated Mouje Jaspur, Taluka Padra, Vadodara by way of a registered sale deed dated 19.03.2007. In pursuance thereof revenue entry no.5131 dated 08.05.2007 came to be mutated and came to be certified. Thereafter, vide entry no.6187, the names of the heirs of the deceased petitioner was entered in the revenue record and also came to be certified on 03.12.2010. The entry no.5131 and entry no.6187 were taken into Suo-motu revision by the respondent Collector being case no.53 of 2012 on the ground that the petitioner is not an agriculturist. And that the seller of the land in question was a minor at the time of the aforesaid transaction.
5.1. It is contended that learned Collector, Vadodara without giving any notice or opportunity of hearing to the petitioner, cancelled both the entries from the revenue record vide his order dated 28.03.2013, the same was assailed by the petitioner before the learned SSRD who has also confirmed the order of the learned Collector and dismissed the revision application. It is contended that the impugned order of the revenue authorities are contrary to the provisions of the Gujarat Land Revenue Code and they have not dealt with the contentions raised by the petitioner while passing the impugned order. It is also contended that the suo motu revisional powers exercised by the authorities are exercised by the authorities are exercised beyond the reasonable period. It is also contended that the multiple entries cannot be set aside in one suo motu proceedings by the District Collector. It is also contended that the revenue entries cannot be set aside unless original transaction has been set aside. It is contended that in the present case, the transaction are not cancelled or set aside by any competent Court and therefore, the revenue authorities cannot set at naught those transaction merely by setting aside the revenue entries in a revenue proceedings. It is also contended t
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
