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.

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 title of the present petitioners whereby the learned Appellate Court had inter alia directed that after measurement, the remaining part of the land would not be treated as a government forest land.

3.2. Be that as it may, while this Court is of the opinion that the issue would require consideration, it also appears that during the pendency of the proceedings before the SSRD, the SSRD had granted an interim relief which had continued till date inasmuch as the SSRD had directed that status-quo be maintained with regard to the revenue record as well as with regard to the property in question. Learned advocate Mr.Parekh would submit that the same interim relief may be extended more particularly, according to learned advocate, there being no change in the revenue record from the date of the order of the SSRD till date.

4. Having regard to such a circumstance, issue Notice to the respondents, returnable on 30.04.2025. Learned AGP Mr.Jayneel Parikh waives service of notice on behalf of the respondent – State. Direct service to rest of the respondents is permitted.

4.1. By way of interim relief, status-quo with regard to the subject land as well as with regard to revenue entries as of today shall be maintained by both the parties.