The court established that rights to land can be extinguished by non-payment of purchase price, and unchallenged orders prevent revival of claims.

JUDGMENT :

(Sunita Agarwal, CJ.) :

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4172 of 2024

The delay of eight days in filing the instant appeal has been explained to the satisfaction of the Court. The Delay Condonation Application is hereby allowed. The delay in filing the appeal is condoned. Office shall allot regular number to the appeal.

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4182 of 2024

The delay of nine days in filing the instant appeal has been explained to the satisfaction of the Court. The Delay Condonation Application is hereby allowed. The delay in filing the appeal is condoned. Office shall allot regular number to the appeal.

COMMON ORDER IN LETTERS PATENT APPEAL NO.1353/2024 AND LETTERS PATENT APPEAL NO.1355 OF 2024

1. Both the above noted appeals arise out of the common judgment and order dated 12.02.2024 passed by the learned Single Judge. They have been heard together and have been decided by this common judgment and order.

2. Heard Mr Anshin Desai, learned Senior Advocate assisted by Mr Sudhanshu Jha, learned counsel for the appellant and perused the record.

3. The instant appeals are directed against the judgment and order dated 12.02.2024 passed by the learned Single Judge, whereby the challenge to the Order dated 14.12.2022 passed by the Gujarat Revenue Tribunal in Review Application No. Review/CA/28/2015 and the Revisional Order dated 06.07.2015 passed in Revision Application No.19 of 2001 has been turned down.

4. It is vehemently argued by the learned Senior Counsel appearing for the appellant/original petitioner that both the Revisional Orders dated 06.07.2015 and the Order passed in the Review Application dated 14.12.2022 have seriously prejudiced the petitioners, inasmuch as, with the adjudication in a proceedings against the third party namely a person, whose name was shown as tenant in the land in question, mistakenly, the rights of the petitioners to the land in question had been affected.

5. It was repeatedly argued that the petitioners were required to file application for review for the reason that a third party, who had no concern with the land in question, had been declared as tenant of the land in question, though, the petitioners are still in possession of the land in question. It was further submitted that however the said third party had lost in the subsequent proceedings before the Tribunal.

6. Be that as it may, the facts, which are sought to be placed before us are an effort to create a confusion or complicate the simple issue, which was before the learned Single Judge about the right of the petitioners to seek a writ of declaration directing the Mamlatdar and ALT, Gandhinagar to re-decide the price of the purchase of the land in question pursuant to the order of the Mamlatdar in Ganot Case No.738 of 1985 by the father of the petitioners. In essence, the petitioners sought a declaration of their right with respect to the property in question through their father, who was initially declared as tenant of the land in question.

7. The crux of the matter is that with respect to four survey numbers, which are subject matter of dispute herein, initially in the year 1957, father of the petitioners was in possession and was declared as tenant and relevant review entries were mutated to that effect in the year 1966. However, on account of non-payment of the purchase price, the purchase of the land in question namely Survey No.667, 807/1 and 807/2 and 809 were declared ineffective vide Order dated 08.10.1976. According to the petitioners, inspite of the said fact, the possession of the land in question remained with the father of the petitioners.

8. Be that as it may, a Government Resolution dated 21.12.1983 was published, whereunder, those tenants, who could not pay the purchase price of the land earlier had been given one more opportunity to pay the purchase price within the time prescribed therein. The last date for submitting the application under the Government