The Collector's intervention in pending appeals and granting interim relief exceeded his authority under the Gujarat Land Revenue Code.

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 had inter alia directed mutation of the entry. It would appear that the respondent No.6 herein i.e. brother of the late husband of the petitioner had challenged the said mutation before the Deputy Collector, Khambhat by preferring revision applications No. 104 and 107 of 2023. It would appear that while such revision applications were pending, the said respondent No.6 had made an application to the Collector for taking the entry No. 11041 in suo motu revision and whereas the Collector, without appreciating the fact that appeal had already been preferred against the orders in question by the respondent No.6 herein, had decided to take the very same entry No. 11041 in suo motu revisional proceedings and whereas the Collector has granted an interim relief akin to an interim relief which could only be granted by the Civil Court or the Constitutional Courts.

4. It would also appear that the Collector is going further with hearing of the suo motu proceedings and whereas learned AGP Mr. Kanara has informed this Court that proceedings have been slated for hearing today before the Collector.

5. Having regard to the prima facie observations hereinabove, more particularly since it would appear that the Collector had intervened at a stage, when the Deputy Collector was seized of an appeal preferred by the very same applicant before the Collector and whereas since it appears that the Collector, Anand, had intervened and had granted an interim relief, which probably, would be much beyond the powers available to the Collector under the Gujarat Land Revenue Code, and since prima facie it appears that the Collector has intervened upon a mere application, to this Court it would appear that interference is required. Hence, issue Notice to the respondents returnable on 30.04.2025. Learned AGP Mr. Kanara waives service of notice for respondent No.1-State. Direct service for rest of the respondents is permitted.

6. By way of ad-interim relief, it is directed that the Collector, Anand, shall not proceed any further with the suo motu revisional proceedings being RTS-SUMOTO/ANAND/1/2023 and whereas the interim relief granted by the Collector, Anand, vide order dated 31.03.2023 is also hereby stayed.