IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3744 of 2007 With R/SPECIAL CIVIL APPLICATION NO. 3745 of 2007 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SONIA GOKANI ==========================================================

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HEMABEN AASHIK NARSINH & 1 other(s)

Versus STATE OF GUJARAT & 10 other(s)

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Appearance:

MR AB MUNSHI(1238) for the Petitioner(s) No. 1,2 for the Respondent(s) No. 1 MS.JIRGA JHAVERI, AGP (1) for the Respondent(s) No. 1 MR MP PRAJAPATI(677) for the Respondent(s) No.

10,11,3,4,4.1,4.2,4.3,4.4,4.5,5,6,7,8,9 MRS KETTY A MEHTA(464) for the Respondent(s) No. 2 ==========================================================

CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI Date : 04/08/2021

ORAL JUDGMENT

1. The petitioners have preferred this petition, under Article 226 and

227 of the Constitution of India, raising the following issues before this Court:-

1. Whether the Gujarat Revenue Tribunal (hereafter referred to as “the Tribunal”) committed an error in cancelling the order dated 25-2-2004 passed by the Deputy Collector, Choryasi Prant, Surat, after the lapse of period of about two years?

2. Whether the Tribunal committed an error in entertaining the revision application filed by respondents No.4 to 11 who had no locus standi to file such a revision application, they having sold the land in question the petitioner No.1 herein and thereafter to respondents No.2 and 3 herein by registered sale-deeds and had pocketed an amount of Rs.12 lacks from the petitioner No.1 towards full consideration of the said land?

3. Whether the Tribunal committed an error in interfering with the order dated 25-2-2004 passed by the Deputy Collector, Surat which was an executive order passed in exercise of power under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereafter referred to as “the Tenancy Act”), whereby the Deputy Collector had granted permission in respect of the land in question?

4. Whether the Tribunal committed an error in not appreciating the law laid down by this Honourable Court to the effect that a person who has sold the property legitimately, has no right, title or interest surviving in the said land and therefore, he has no right to challenge any order passed in favour of a purchaser?

5. Whether the Tribunal committed an error in ignoring the guidelines laid down by the Revenue Department of the Government of Gujarat in its Resolution dated 29-4-1980 which were/are required to be followed by the concerned competent authorities while dealing with cases of grant of permission under Section 63 of the Tenancy Act?

6. Whether the Tribunal committed an error in not appreciating the law laid down by the Honourable Supreme Court in its decision reported in 10 G.L.R. page 992 to the effect that proceedings for revising any order cannot be initiated after the lapse of a few months?

7. Whether the action on the part of the Tribunal in cancelling permission granted to petitioner No.1 is violative of petitioners’ fundamental rights guaranteed under Articles 14,19 (1) (e) and (g) and 300 A of the Constitution of India?”

2. This concerns the land bearing Revenue Survey No.470 - old (New No. 303) admeasuring 20500 H.Sq. Mtrs of Village - Vesu, Taluka - Choryasi, District – Surat owned possessed and cultivated by the respondents no.4 to 11.

On 05.05.2000, the respondents no.4 to 11 executed an agreement to sell in respect of the said land in favour of petitioner no.1 as averred in the petition and he paid the full amount of consideration of the said land