Suo motu revisionary powers in revenue matters must be exercised within a reasonable time; unexplained delay vitiates proceedings. Furthermore, revenue authorities lack the jurisdiction to unilaterally annul registered sale deeds or adjudicate property title disputes, which is the exclusive domain of civil courts.

JUDGMENT :

DIVYESH A. JOSHI, J.

1. Since the issues involved in both the captioned writ applications are the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, Special Civil Application No.582 of 2018 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicant has called in question the legality and validity of the orders dated 05.01.2015 passed by the respondent No.2-Collector, whereby the Mutation Entry No.1093 dated 04.05.2011 was ordered to be cancelled, as also the order dated 04.09.2017 passed by the respondent No.3-Additional Secretary, Revenue Department (Appeals), Ahmedabad, confirming the order dated 05.01.2015.

4. Facts, giving rise to the filing of the present writ application, may be summarized as under;

4.1 Land bearing Survey No.32 paiki 13 and 32 paiki 25 of village: Mota Mansa, Taluka: Jafrabad, Dist: Amreli was initially belonging to one Makbai Dhana Wd/o. Varu Punjabhai Sidad.

4.2 At that relevant point of time, the land was not of bid nature, and Makbai Dhana was given the said land without any restriction by order of the Ld. Mahalkari Saheb, Jafrabad in Case No.1692 dated 05.04.1961, and the name of the Government was deleted from the revenue record, and an entry to that effect also came to be made in Form No.6, more particularly, Entry No.95 dated 07.01.1961, which was certified on 10.01.1962. At that point of time also, there was no restriction or nature of the land being of Bid.

4.3 Thereafter, the said land was partitioned between the two daughters of Makbai, namely, Amarbai and Ladubai, and an entry to that effect also came to be made in Form No.06 vide Entry No.194, which was certified on 25.01.1971.

4.4 Out of the entire parcel of land, land admeasuring 34 acres and 36 gunthas was declared as excess under the Gujarat Agricultural Land Ceiling Act, and an entry to that effect was made on 01.10.1984.

4.5 After the death of Amraben, the names of her legal heirs viz. Bavkubhai, Takubhai, Nankabhai, Pratapbhai, Bhupatbhai, Babubhai and Induben were entered in the revenue record in respect of the land of her share, and an entry to that effect also came to be mutated in the revenue record vide Entry No.281.

4.6 Thereafter, the land out of Revenue Survey No.32 paiki 13 of Village: Mota Mansa, Taluka: Jafrabad, which was declared as excess, was given on Santhani basis, and the same was given by order of the Deputy Collector, Rajula dated 30.01.1986 to different persons, out of whom, Nanjibhai Baghabhai was given the said land on Santhani basis, but at the same time, it was not mentioned in the village record that the land in question is new tenure land or consisting of bid nature and thus, the land was running in the revenue record as old tenure land, more particularly, the land of Survey No.32 paiki 25 was not mentioned nor was mentioned as excess land under the Ceiling Act.

4.7 On 05.01.1995, the owners and occupants of the land bearing Survey No.32 paiki 25, namely, Bavkubhi, Takubhai and others, sold their share of land to the extent of 2 acre and 6 gunthas by executing a registered sale deed dated 05.01.1995, and an entry to that effect also came to be mutated in the revenue record being Entry No.712 dated 03.02.1999, which was certified on 09.04.1999 after verifying the record.

4.8 Thereafter, the person in possession of the land bearing Survey No.32 paiki 13 one Jogdiya Nanjibhai Baghabhai died on 27.10.1998 and the heirs of deceased Jogadiya Nanjibhai were entered into revenue record on 07.02.2006 and an entry to that effect a