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HIGH COURT OF GUJARAT
NSK
PARKARA PALIBEN BHIKHABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Heard learned Advocate Mr. P.V. Patadiya on behalf of the petitioner and learned Assistant Government Pleader Mr. Nikunj Kanara on behalf of respondent-State.
2. By way of this petition, the petitioner inter alia challenges order passed by the Special Secretary Revenue Department dated 18.06.2024 more particularly whereby the SSRD rejected the application preferred by the petitioner against order passed by the Collector, dated 29.10.2020.
3. Considering the submission made by learned Advocate Mr. Patadiya and learned AGP Mr. Kanara it would appear that the issue is with regard to the land bearing Survey No. 156/2 situated at Village: Shabdalpura, Taluka: Radhanpur, District: Patan which had been allotted to late father of the petitioner. It would appear that upon demise of late father of the petitioner in the year 1991, entry no. 390 had been mutated in the revenue record on 10.01.1992 certified on 11.02.1992 wherein, since the petitioner was a minor, the name of mother of the petitioner, had been entered in the revenue record as guardian of the minor. It would appear that thereafter the legal heirs of the late father of the petitioner, except the petitioner had sought for
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 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 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....
Suppression of material facts impedes a party's ability to seek relief under prerogative jurisdiction, affecting the integrity of legal proceedings.
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
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....
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