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BHARGAV D. KARIA
RAGHUBHAI NAVGHANBHAI BHARWAD – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. Satyam Chhaya for the petitioner, learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondents No. 1-6 and learned advocate Mr. Jinesh Kapadia for respondent No. 8. None appears for respondent No. 7.
2. Rule returnable forthwith. Learned AGP Mr. Jayswal waives service of notice of rule on behalf of the respondent-State and learned advocate Mr. Kapadia waives service for respondent No. 8.
3. By this petition under Article 227 of the Constitution of India, the petitioner has challenged orders passed by the Special Secretary, Revenue Department (Appeals) [‘SSRD’ for short] in Revision Application No. 155 of 2019 with regard to Entry No. 1741 mutated in the revenue records on the basis of the Sale Deed No. 2943 executed in favour of the petitioner by the original land owners for the land admeasuring 2565 sq.mtrs situated at Survey No. 20 Paiki bearing Khata No. 203 at Village-Valetva, Tal. Nadiyad, District-Kheda.
4. Brief facts of the case are as under:
Arbitrary exercise of jurisdiction by the authorities in not considering the sale deed and the correct land measurement.
Point of law: Authority exercising power under the code has no power to conclude as to whether the breach of the other enactment by the impugned transfer or registered sale deed is made or not.
Point of Law : under section 73 of the Bombay Land Revenue Code it is incumbent duty on the part of the revenue authority on presentation of registered document, prima facie, to post an entry in the ....
Once a registered sale deed is executed, revenue entry is required to be mutated on the basis of such sale deed.
The petitioners lacked locus standi to challenge the transcription of a sale deed in revenue records, as they were not parties to the original proceedings.
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