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HIGH COURT OF GUJARAT
NSK
BINITABEN GOVINDLAL DOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Advocate Mr. Y.J. Patel on behalf of the petitioner and learned Assistant Government Pleader Mr. Jayneel Parikh on behalf of respondent- State.
2. By way of this petition, the petitioner challenges order dated 03.01.2025 passed by the Collector, Mahisagar more particularly whereby entry of a registered sale-deed in favour of the present petitioner has been set aside.
3. Considering the submissions made by learned Advocate Mr. Patel and learned Assistant Government Pleader Mr. Parikh and having perused the documents on record it would prima facie appear to this Court that the petitioner had purchased part of an undivided property in which the sellers had admittedly had their share. It would also appear that while the respondent no. 5 herein had a share in the property, and whereas while there appears to be signature of the other share holders of the property in the notice under Section 135D of the Land Revenue Code, insofar as the respondent no. 5 was concerned, there is an endorsement of Circle Officer that respondent no. 5 had given telephonic consent.
4. Be that as it may, the question which arises is whether the respondent no. 5 who was
Procedural irregularities and violation of natural justice principles necessitate court intervention, even when an alternative remedy exists.
The Collector's intervention in pending appeals and granting interim relief exceeded his authority under the Gujarat Land Revenue Code.
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
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.
Issuance of notice to a deceased individual violates due process, necessitating fair opportunity for affected parties to contest 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....
Party lacking interest in property cannot contest permissions granted for the property after selling it.
The court held that the Deputy Collector's order setting aside multiple revenue entries was invalid due to procedural violations and lack of jurisdiction under the Gujarat Land Revenue Code.
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