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HIGH COURT OF GUJARAT
NSK
BHARATBHAI BHAGWANDAS PRAJAPATI – Appellant
Versus
DISTRICT COLLECTOR GANDHINAGAR – Respondent
ORDER :
1. Learned Advocate Mr. Vimal Purohit with learned Advocate Ms. Monika Thakkar on behalf of the petitioners requests that civil application for amendment may be granted. The same is granted. Appropriate amendment to be carried out till 31.01.2025.
2. Heard learned Advocate Mr. Vimal Purohit with learned Advocate Ms. Monika Thakkar on behalf of the petitioners.
3. By way of this petition, the petitioners inter challenge order passed by the District Collector, Gandhinagar dated 27.11.2024, in suo motu Revision Case No. SR/ 11/2021 insofar as the said order directs remand of the proceedings to the Deputy Collector, Gandhinagar.
4. Considering the submissions made by learned Advocate Mr. Purohit and learned Assistant Government Pleader Mr. J.K. Shah, it would prima facie appear that the State had taken entry no. 9043 pertaining to land bearing survey /block no. 1986 at Village: Uvarsad in suo motu revision and whereas, vide the order impugned as noted hereinabove, while the entry is cancellled the matter is remanded back to the Deputy Collector. It would appear that the original owner of the land in question, had given a Power of Attorney to the predecessor in title of the present
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....
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
Implementation and execution of impugned order - It is a settled position of law that whenever there is a statutory remedy created by Statute, that has to be respected and High Court cannot usurp jur....
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.
Once a registered sale deed is executed, revenue entry is required to be mutated on the basis of such sale deed.
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
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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