Back
HIGH COURT OF GUJARAT
NSK
NIRANJAN VASUDEV VYAS – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Advocate Mr. Ajay Jagirdar on behalf of the petitioners and learned Assistant Government Pleader Mr. Jayneel Parikh on behalf of respondent- State.
2. By way of this petition, the petitioners challenge an interim order passed by the Special Secretary Revenue Department dated 08.01.2025 more particularly whereby an order passed by the District Collector, Gandhinagar dated 19.08.2023 in CB/ RTS/Vasna Hadmatiya/Appeal/ No. 327/2022, has been stayed.
3. Considering the submissions made by learned Advocate Mr. Jagirdar and learned AGP Mr. Parikh and having perused the documents on record it would prima facie appear to this Court that the issue is with regard to entry of a sale-deed in favour of the present petitioners, the present petitioners having purchased a parcel of land which is subject matter of the issue, from respondent no. 6 and 7 herein and whereas the respondent no. 5, who is also family member of respondents no. 6 and 7 having objected to certification of entry with regard to the registered sale-deed in favour of the petitioners.
3.1 It would appear that while the Deputy Collector where the entry had been subjected to challenge, ha
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 court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
The court emphasized the necessity of granting interim relief to prevent irreversible prejudice during ongoing proceedings.
Procedural irregularities and violation of natural justice principles necessitate court intervention, even when an alternative remedy exists.
The court emphasized the need for timely action in land revenue matters, particularly when familial arrangements are involved, and ruled against the cancellation of a long-standing revenue entry due ....
The Collector's intervention in pending appeals and granting interim relief exceeded his authority under the Gujarat Land Revenue Code.
The court ruled that the limitation period for challenging an administrative order starts from the date of knowledge and not from the date of order; delay of 33 years without adequate justification c....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
