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HIGH COURT OF GUJARAT
NSK
SURJIBHAI DHASUKHBHAI GAMIT (LEGAL HEIRS OF KHARBIBEN PANIYABHAI GAMIT) – Appellant
Versus
JASHUBEN D/O THAGANIYABHAI GAMIT W/O BABUBHAI – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Advocate Mr. Hiren Modi on behalf of the petitioner who by way of this petition challenges an order dated 16.10.2024 passed by the Special Secretary Revenue Department in Revision Application No. MVV/HKP/TP/53/2019 which confirms an order passed by the Collector, Tapi dated 14.08.2018 in RTS/ Suo Motu/ Case No. 106 of 2016.
3. Considering the submission made by learned Advocate Mr. Modi and having perused the documents on record, it would appear that land in question was originally held by one Paniyabhai Gamit, who happened to be the maternal grandfather of the present petitioner. It would appear that the property in question, had devolved upon the petitioner by way of a family partition more particularly the maternal uncle of the petitioner having given the land in question to the petitioner by way of a family arrangement. The same having been recorded and certified in the revenue record vide entry no. 1039, the certification being dated 06.04.1991. It would appear in this regard that the entry had been taken in suo motu revision after a period of around 26 years and whereas by the order of the Collector the said entry had been cancell
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 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 exercise of revisional power should be within a reasonable period of time, and the nature of land cannot be said to be changed merely on execution of a Sale Deed when the transaction itself has b....
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 the significance of the sale certificate in determining the validity of mutation entries and the nature of the suit land, along with the requiremen....
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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