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HIGH COURT OF GUJARAT
NSK
NEENA ANANT AMIN – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Advocate Mr. C.B. Upadhyaya for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent-State.
2. Learned Advocate Mr. Upadhyaya seeks leave to amend the prayer clause, more particularly to amend the number of revision application pending before the Collector, Anand. Permission is granted. Appropriate amendment to be carried out forthwith.
3. By way of this petition, the petitioner challenges an order dated 31.03.2023 passed by the Collector, Anand, more particularly whereby the Collector had inter alia decided to take revenue entry No. 11041 dated 17.01.2023 in suo motu revision and furthermore it has been observed by the Collector that the land shall not be transacted in any manner whatsoever as an interim direction. It would appear in this regard that the petitioner claiming to be wife of late Mr. Anant Amin had preferred an application before the Mamlatdar seeking to mutate entry with regard to a Will whereby her deceased husband had bequeathed the property in question in favour of the petitioner. It appears that though objections had been raised by other legal heirs of the late husband of the petitioner, the Mamlatdar ha
The Collector's intervention in pending appeals and granting interim relief exceeded his authority under the Gujarat Land Revenue Code.
Procedural irregularities and violation of natural justice principles necessitate court intervention, even when an alternative remedy exists.
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
The appeal asserts limitations on revisional powers under the MP Land Revenue Code and confirms that the burden of proof lies with the appellants in civil disputes.
Issuance of notice to a deceased individual violates due process, necessitating fair opportunity for affected parties to contest 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 court held that the Deputy Collector's order setting aside multiple revenue entries was invalid due to procedural violations and lack of jurisdiction under the Gujarat Land Revenue Code.
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