IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, J.
Manoj Vinodchandra Shah - Petitioner
Versus
State of Gujarat - Respondent
R/Special Civil Application Nos. 8572, 8592, 8794, 8795, 8895, 8896, 8897, 8898, 8899, 11682, 12991, 12994, 12998, 13002, 13004 of 2022
Decided On : 07-12-2022
Tenancy Act, 1948 - Constitution of India, 1950 - Article 226 - Land - Consecutive sale-deeds - Litigating against each other - Petitioners as well as private respondents claim some interest in subject land and therefore, they have been litigating against each other at various forums - Held, Court finds from chronology of events that, though basic issue is pertaining to posting of entries in revenue record from time to time in connection with several parcels of land, issue has gained complication on account of successive and consecutive sale-deeds entered into between parties, thereby creating several rights of parties in land - Chronology would also indicate that various cases have been instituted by all parties concerned before various forums at different stages and at different time - Therefore, to avoid any further complication and to rule out multiplicity of litigation, it would be desirable to bring issues to common forum which, each one of petitioners have already resorted to - It would be appropriate to dispose of present group of petitions with directions that present petitioner is at liberty to challenge the order of Deputy Collector, confirming order - Petitions disposed of.
ORDER :
1. This group of petitions are arising out of the revenue proceedings in connection with various sale-deeds at different point of time between the parties to the petition in connection with the land bearing Survey Nos./Block Nos.500, 497, 502/2, 502/1 and 501 of Village-Sama, Taluka & District Vadodara (hereinafter referred to as the ‘subject land’).
2. In this group of petitions, the petitioners as well as the private respondents claim some interest in the aforesaid subject land and therefore, they have been litigating against each other at various forums. It is submitted on behalf of the learned senior advocates appearing for the respective parties, considering the issues raised and the facts of the cases, that all the petitions be taken up for joint hearing and disposal.
3. The petitions are in three sets; the first set of petitions being the proceedings under the Tenancy Act, the second set of petitions is pertaining to the proceedings under the Land Revenue Code and the third set of petitions is by the interested party but against the very order, which is the subject matter of challenge.
4. The facts are being recorded from the lead matters being Special Civil Application No.8795 of 2022, Special Civil Application No.8895 of 2022 and Special Civil Application No.12991 of 2022.
5. The Special Civil Application No.8795 of 2022 under Article 226 of the Constitution of India is filed for the following prayers :
(b) issue a writ of certiorari or any other writ, order or direction quashing and setting aside order dated 13.04.2022 passed by Mamlatdar & Agricultural Land Tribunal, Vadodara City (north) in Tenancy Case No.5/20;
(c) pending admission, hearing and final disposal of present petition, stay implementation and execution of order dated 13.04.2022 passed by Mamlatdar & Agricultural Land Tribunal, Vadodara City (north) in Tenancy Case No.5/20;”
6. The Special Civil Application No.8895 of 2022 under Article 226 of the Constitution of India is filed for the following prayers :
(b) issue a writ of certiorari or any other writ, order or direction quashing and setting aside order dated 13.04.2022 passed by Circle Officer, Vadodara City (North) and consequently order cancellation of entry no.11297;
(c) pending admission, hearing and final disposal of present petition, stay implementation and execution of order dated 13.04.2022 passed by Circle Officer, Vadodara City (North) and further order restoration of name of present petitioner in revenue record of land in question;”
7. The Special Civil Application No.12991 of 2022 under Article 226 of the Constitution of India is filed for the following prayers :
(b) Your Lordships be pleased issue a writ of certiorari or any other writ, order or direction quashing and setting aside order dated 13.04.2022 passed by Mamlatdar & Agricultural Land Tribunal, Vadodara city (north) in Tenancy Case No.9/20;
(c) Pending admission, hearing and final disposal of present petition, stay implementation and execution of order dated 13.04.2022 passed by Mamlatdar & Agricultural Land Tribunal, Vadodara city (north) in Tenancy Case No.9/20;
(d) Pending hearing and final disposal of the petition, the Hon’ble Court be pleased to grant status-quo of the revenue records qua survey no.502/2 of Village-Sama, District: Vadodara.”
8. Therefore, the Special Civil Application No.8795 of 2022 and Special Civil Application No.12991 of 2022 are filed against the very order, whereas the Special Civil Application No.8895 of 2022 is filed against the order of the Circle Officer, Vadodara City (North), which is consequential order to the tenancy proceedings. Different petitions are filed because of various parcels of the land but the issues raised are the same in all the petitions.
9. Learned senior advocate for the petitioner, by referring to the chronology of litigation filed from time t
The Mamlatdar's exercise of power in passing the impugned order, contrary to earlier rejections and without giving the petitioners an opportunity to be heard, was contrary to settled legal principles....
The principle of res judicata applies to proceedings before quasi-judicial authorities, and subsequent applications cannot be entertained if the claim has been rejected in a previous order.
The court affirmed that the protected tenant's rights under the Tenancy Act cannot be overridden by private agreements or settlements that do not comply with statutory requirements.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.