IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Hurbaiben Ibhrambhai Lakha – Appellant
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 16401 of 2019
Decided on : 18-01-2023
Gujarat Land Revenue Rules, 1972 - Rule 108 - Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 - Section 54 - Gujarat Tenancy and Agricultural Lands Act, 1948 - Land - Registered sale deed - Certify entry - Seeking directions for quashing and setting aside order - Direction to certify entry of registered sale deed – Held, Petitioner, after death of her husband is holding agricultural land and hence, respondent authorities could not have refused to certify entry mutated vide registered sale deed - It was not open for respondent authorities to question legality and validity of old transactions and registered entry after passage of number of years - Respondent authorities, during lifetime of husband of petitioner, has never questioned status of being an agriculturist and hence, as per settled proposition of law, Collector could not have exercised power after so many years - Division Bench has held that even if status does not prescribe time limit for exercise of revisional powers, it does not mean that such powers can be exercised at any point of time - Such powers can be exercised within a reasonable period of time even in case case of transaction, which would be termed as void transaction - Impugned orders are hereby quashed and set aside - Petition succeeds.
JUDGMENT :
1. Rule. Learned AGP waives service of notice of rule for the respondent-State.
2. The present writ petition has been filed seeking directions for quashing and setting aside the order dated 23.07.2019 passed by the respondent no.1 in Revision Application No.MVV/HKP/GIR/17 of 2019, order of the respondent no.2-Collector, dated 14/15.05.2019 passed in RRT/Revision Case No.25 of 2017, order passed by the Deputy Collector, Una, dated 20.04.2016 passed in RRT Appeal No.146 of 2016, notice of the Mamlatdar, Kodinar dated 03.06.2019 and further seeking a direction to certify the entry no.1963 of the registered sale deed.
3. The brief facts of the case are as under:-
3.1. The petitioner is a widow of late Shri Ibrahimbhai Osman Taiyab. She has purchased the land bearing Survey No.139/P2 of Village: Pavti, Taluka: Kodinar, District: Gir Somnath, admeasuring 0-72-84 Hec.-Aresq. mtrs., by registered sale deed bearing Registration No.1122, dated 22.07.2016, from the Respondent Nos. 6 to 8 herein and for which, Entry No.1963 was posted in the Revenue Record on 22.07.2016, which was refused to be certified by the Deputy Mamlatdar, Kodinar, on the purported ground that the petitioner is not an agriculturist.
3.2. It is the case of the petitioner that since 22.07.2016, the petitioner is the owner and occupier and cultivating the subject matter land bearing Survey No.139/P2 admeasuring 0-72-84 Hec.-Are-sq.mtrs. of Village Pavti, Taluka Kodinar, District Gir Somnath.
3.3. The petitioner’s father-in-law predecessor, i.e. Shri Osman Taiyab was holding agricultural lands bearing Survey No.167 paiki, 152 paiki, 161 and 141 paiki of village: Achhidra, Taluka: Maliya Hatina, which he has derived under the family arrangement, for which Entry No.177, dated 10.01.1966 was recorded and certified on 15.02.1966.
3.4. Family of the said Shri Taiyab was holding agricultural lands of Survey Nos.59, 152, 161, 141, 168, 58/1, 167 i.7 different survey numbers of Village: Achhidra, Taluka: Kodinar, for which Entry No.10, dated 20.01.1967 (approx.) was certified in the Revenue Record. In support of the claim of the petitioner of being an agriculturist, reliance is placed on the different survey numbers of village Achhidra, Taluka Kodinar, for which the entry no.10 dated 20.01.1967 was certified in the revenue record.
3.5. As per the entry no.128 dated 01.04.1958, the land bearing survey nos.59, 152, 161, 141, 168, 58/1 and 167, was held by Sindhi Noormohmmad Taiyab and Osman Taiyab and minor, which was mortgage on 29.01.1958 of village Achhidra.
3.6. Entry No.149 dated 13.05.1961 records the death of Shri Ismail Taiyab on 06.11.1960 and whereby, the names of successors were reflected in the entry.
3.7. Shri Osman Taiyab used to obtain agricultural crop loan from the Co.Op. Society and on discharge of such debt of Acchidra Vividh Karyakari Sahakari Mandali Ltd. for discharge of such mortgage Entry No.558/158 dated 11.07.1980 was certified.
3.8. Shri Osman Taiyab sold land bearing Survey No.141 paiki of Acchidra on 22.11.1979 to Shri Aher Jesa by a registered sale deed, for which Entry No.561 was recorded on 05.06.1980 and certified 11.07.1980. Similarly, Osman Taiyab sold land bearing Survey No.167 paiki of Acchidra to one Shri Parbat Hira, for which Entry No.559 was recorded on 05.06.1980 and certified 11.07.1980.
3.9. The aforesaid entry of the sale could certify on 11.07.1980, prior thereto, on 04.12.1979, i.e. 12th day of the registered sale deed dated 22.11.1979 (22.11.1979 to 04.12.1979), land bearing Survey No.101 paiki, ad-measuring 2 A. 40 G. of Village: Pavti, Taluka: Kodinar, was purchased by Ibraham Osman from Shri Abdulla Noormohmmad and for which Entry No.540 was recorded on 21.03.1982 and certified on 20.08.1982.
3.10. On 19.3.1982 by a registered sale-deed No.396, the husband of the petitioner, Shri Ibraham Osman purchased land bearing Survey No.101/1 paiki, ad-measuring 1 A. 26 G. from Shri Abdulla Noormohmmad and for which Entry No.556, in the Reven
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