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HIGH COURT OF GUJARAT
NSK
ROHAN SHARADBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned advocate Mr.A.M.Parekh on behalf of the petitioners and learned Assistant Government Pleader Mr.Jayneel Parikh on behalf of the respondent – State.
2. By way of these petitions, the petitioners challenge an order dated 05.02.2025 passed by the SSRD in revision application No. MVV/HKP/ARV/69/2023 more particularly whereby the SSRD has confirmed an order passed by the Collector dated 03.10.2023 whereby an entry in favour of the present petitioners has been taken in suo motu proceedings and set aside.
3. Considering the submissions made by learned advocate Mr.Parekh and having perused the documents on record, it would prima facie appear to this Court that the issue is as regards whether the land in question which has been purchased by the present petitioners was a government land or a land belonging to a private party.
3.1. Attention of this Court is drawn to the fact that when the petitioners had purchased the property in question, probably the revenue records reflected the name of a private party as being owner of the land in question. The attention of this Court is also draw to a civil suit which had been preferred by the predecessor in ti
The court upheld the need for further examination of land ownership, emphasizing the importance of prior civil suit findings and maintaining status-quo on revenue records.
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
The SSRD exceeded its jurisdiction by imposing a status-quo on property in a matter pending before the Bombay High Court.
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 judgment underscores the importance of revenue records in establishing land ownership and the burden on the government to prove its title in land disputes.
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