ORAL ORDER

1. Learned Advocate for the petitioner in the second call is also absent.

Hence, with the assistance of the learned AGP, who is appearing with an advanced copy being served, the matter is taken up.

2. This petition under Article 226 of the Constitution of India is filed with prayers as under:

“(A) Your Lordships may be pleased to issue appropriate writ, order or direction by way of writ of mandamus to the respondent no.1 to 3 to take legal action against the respondent no.4 to 8 for breach of provisions of Section 73(AA) of Land Revenue Code in connection with revenue survey No.49 of Village-Bhesavada, Ta-Lunavada, Dist- Mahisagar and to restore and transfer the agricultural land being survey No.49, 114 and 99 of Village-Bhesavada, Ta-Lunavada.”

3. From the pleadings, it appears that the petitioner is an agriculturist belonging to the Scheduled Tribe and is agriculturist with Khata No.108 and Pothi No.1833108 being Revenue Survey No.49, 99 of Village- Limbodra, Taluka-Lunavada, District-Mahisagar. It is case that the Revenue Entry No.1614, 1900 were mutated in favour of the respondent Nos. 4 to 8, which was in contravention with the provisions of Section-73(AA), 135, 115 of the Land Revenue Code and Gujarat Land Revenue Rules.

4. Reference is also made to the Civil Suit No.34 of 2021 filed before the Principal Senior Civil Judge at Lunavada.

5. Learned Advocate submitted that the petitioner has made an application under the Swagat Programme before the Office of the Chief Minister, but has not received any response. Though the Office of Chief Minister has forwarded the same to the Collector.

6. Learned AGP draws attention of this Court to the fact that with regards to the dispute, the Civil Suit No. 34 of 2021 is filed and pending before the Principal Senior Civil Judge at Lunavada. Over and above, there is Civil Suit No.49 of 2009, which is also filed and pending for cancellation of the registered Sale-deed.

7. Having considered the aforesaid, pleadings indicate that the petitioner has filed this petition invoking Section-73(AA) of the Land Revenue Code, which prohibits the transaction from the member of the Scheduled Tribe to the respondent Nos. 4 to 8, who are reportedly non- tribals. The provisions of Code provides for aggrieved parties to approach to Revenue Officer upon such grievance.

8. From the pleadings and documents, it appears that the petitioner has not approached any other Authorities, but an application which is forwarded to the Office of the Chief Minister. From the pleadings, nothing is coming on record as to whether such application made to the Office of the Chief Minister is actually received or not, as there is no acknowledgment about receipt of such.

9. In view of the pending Civil Suit with regards to the subject matter and no application before any of the Revenue Authorities, the Court is not inclined to interfere in this petition.

10.In view of the aforesaid, this petition deserves to and hereby dismissed.

(A.Y. KOGJE, J)

PARESH SOMPURA