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HIGH COURT OF GUJARAT
NSK
VINAYKUMAR AMRATLAL PATEL – Appellant
Versus
BABUBEN SOMAJI THAKOR – Respondent
ORDER :
NIKHIL S. KARIEL, J.
Learned advocate Mr. Ajay S. Jagirdar tenderes a draft amendment. The same is granted. To be carried out by 10.03.2025.
1.Heard learned advocate Mr. Ajay S. Jagirdar for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent State.
2. By way of this petition, the petitioner challenges an order dated 04.02.2025 passed by the learned SSRD, whereby the learned SSRD has granted an interim relief in favour of the revision applicant before the learned SSRD, whereby the order passed by the Collector, Gandhinagar, impugned before the learned SSRD is stayed.
3. Considering the submissions made by the learned advocate Mr. Jagirdar and learned AGP Mr. Kanara and having perused the documents on record, it would prima facie appear to this Court that the petitioner herein had purchased a parcel of land of the ownership of respondent Nos.3 to 7 of the present petition and whereas it would appear that the entry with regard to the sale deed entered into by the present petitioner in the year 2023 i.e. entry No.8590 had been objected to by respondent Nos. 3 and 4. It would appear that on basis of such objection, while the entry had been cancelled, the petitioner h
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
The main legal point established in the judgment is the interpretation and application of Section 65 of the Gujarat Land Revenue Code, 1879 in the context of a land dispute.
The court emphasized the need for timely resolution of disputes regarding land ownership and the validity of interim orders in the context of family partition claims.
The court upheld the SSRD's decision, emphasizing the importance of timely challenges to land entries and recognizing the jurisdiction of the civil court over the matter.
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.
The court emphasized that the absence of a challenge to a sale-deed and lack of reasoning in the Collector's order rendered the proceedings baseless, highlighting jurisdictional issues under the Land....
The main legal point established in the judgment is that a compromise confirmed by a civil court decree can affect the standing of parties to challenge entries in revenue records, and that no interfe....
Revenue authorities must continue with mutation proceedings irrespective of civil disputes, as entries in records do not determine title but are essential for fiscal purposes.
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