Back
2021 Supreme(Online)(Guj) 1256
HIGH COURT OF GUJARAT
A.G. Uraizee, J
ANILBHAI VIRUBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
SPECIAL CIVIL APPLICATION NO. 9134 of 2016
For the Appellants/Petitioners: MR MEHULSHARAD SHAH
For the Respondents: DECEASED LITIGANT
DEV D PATEL
GOVERNMENT PLEADER
Authorities must mutate entries based on valid deeds unless significant breaches are proven; the process requires fair hearing.
Headnote:(A) Constitution of India - Article 226 - Petition challenging orders of the District Collector and Deputy Collector regarding mutation of land based on registered sale deed and gift deed - Petitioner asserts right to land through family arrangement - Court holds mutation entry must occur unless breaches of other legislation are evident - No opportunity of hearing was afforded prior to cancellation of entry, hence orders quashed. (Paras 1, 8, 23)
(B) Revenue Authorities - Jurisdiction - Authorities must consider validity of registered deeds in accordance with law and are required to afford hearing. Subject land was initially sold and subsequently gifted among family members, raising questions on the validity of mutations and conditions breached. (Paras 4, 22)
| Table of Content |
|---|
| 1. mutation entries based on valid deeds. (Para 1 , 2 , 3 , 4) |
| 2. discussion on alternative remedies available to the petitioner. (Para 10 , 11 , 15 , 16) |
| 3. court's observations on the evidence and the conduct of the authorities. (Para 12 , 13 , 18) |
| 4. revenue authorities must record entries unless clear violations are noted. (Para 21 , 22) |
| 5. final decision to quash previous orders. (Para 23) |
JUDGEMENT
1. In this petition under Article 226 of the Constitution of India , the petitioner has made the following substantive prayers.
“8(A) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 29.1.2016 (dispatched on 31.3.2016) passed by the District Collector, Ahmedabad in Revision No.6/2015 as well as the order passed by the City Deputy Collector (West), Ahmedabad dated 18.7.2012 in RTS Appeal No.137/2011 (old No.31/2010) and be further pleased to direct the respondent authorities to certify Entry No.5304 mutated in the revenue record on the basis of the registered Gift Deed;
- (B) to issue a writ of certiorari or any other appropriate writ, order or direction, declaring that the direction issued by the District Collector to initiate proceedings for breach of condition is beyond the scope of jurisdiction and the issue involved in the present petition is regarding certification of revenue entry mutated on the basis of gift deed;
- (C) pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the execution, operation and implementation of the order dated 29.1.2016 passed by the District Collector, Ahmedabad in Revision No.6/2016;
- (D) pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to maintain status quo and to certify Entry No.5304 mutated in the revenue record on the basis of the registered gift deed;”
2. The facts in brief giving rise to this petition are that land bearing survey No.176 of Vastrapur, Ahmedabad city was originally belonged to Manaji Nathaji, Chhanaji Nathaji and other brothers. The said land was converted to old tenure land from new tenure land on 26.3.1972 on the basis of the application made by the said land owners.
Revenue entry No.1979 was mutated in the revenue record on 4.7.1972 to the effect that this conversion of the land is from new tenure to old tenure. The land owners thereafter applied for development permission in respect of the land bearing survey No.176/2/2 which was granted by the competent authority on 13.3.1986.
3. The land owners, thereafter, executed the registered sale deed dated 24.12.1996 in favour of Rekhaben Jayantibhai Patel who is respondent No.5 herein in respect of land bearing survey No.176/2/2 (subject land). Revenue entry No.4493 came to be mutated in the revenue record on 8.1.1997 on the basis of the sale deed after following procedure prescribed under section 135-D of the Land Revenue Code.
4. It is pleaded by the petitioner that he has executed gift deed in favour of Rekhaben jayantibhai Patel in respect of the land bearing survey No.176/2/4 and Rekhaben Jayantibhai Patel (respondent No.5 herein) in turn executed registered gift deed in respect of the subject land in favour of the present petitioner on 24.9.2009 as per the family arrangement. Revenue entry No.5304 came to be mutated in the revenue record on 25.10.2010 in favour of the petitioner in respect of the gift deed. The notice under section 135-D of the Code came to be issued by the City Mamlatdar (respondent No.4). No objections were received to this notice. However, without affording opportunity of hearing and without examining the contents of the gift deed, respondent No.4 cancelled the mutation entry on the ground that the petitioner has not produced any e
