IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
Maniben Keshabhai Parmar – Appellant
Versus
Special Secretary (Appeals), Revenue Department – Respondent
R/SPECIAL CIVIL APPLICATION NO. 2292 of 2019
| Table of Content |
|---|
| 1. procedural compliance and initiation of judicial hearing. (Para 1 , 2) |
| 2. nature of writ jurisdiction and challenge against revenue record errors. (Para 3 , 4 , 5) |
| 3. factual history of land transactions and revenue entry disputes. (Para 6) |
| 4. contentions regarding evidence of ownership and administrative rectification. (Para 7 , 8) |
| 5. correction of patent revenue errors supersedes procedural constraints. (Para 9 , 10) |
| 6. judicial order to rectify revenue records and revive specific entries. (Para 11 , 12) |
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
==============================================================
| Approved for Reporting | Yes | No |
| |
==============================================================
ORAL JUDGMENT
1. Rule returnable forthwith. Ms. Devanshiba Rana, learned AGP waives service of notice of Rule for and on behalf of respondent – State authorities.
2. Heard Mr. Kishan P. Kotak, learned advocate appearing for the petitioners and Ms. Devanshiba Rana, learned AGP appearing for the respondent - State authorities.
3. By way of the present petition, the petitioners herein have prayed for the following reliefs:
“23. In the premises aforesaid, Petitioners most humbly and respectfully prays that:
(A) YOUR LORDSHIP'S may be pleased to admit and allow the present petition;
(B) YOUR LORDSHIP'S may kindly be pleased to issue a writ of mandamus or any other appropriate writ in the nature of mandamus, order or direction quashing and setting aside order dated 10.09.2018 passed by the learned SSRD passed in MVV/ HKP/GDHN/33 of 2018 as well as order dated 23.03.2018 passed by learned District Collector in CB/R.T.S/Magodi/Revision/No. 223 of 2011 as well as order dated 20.08.2011 passed by learned Dy. Collector, Gandhinagar RTS/Appeal/SR-263/2010 as in well as order dated 21.05.2010 passed by learned Mamlatdar, Gandhinagar in Remand Takrari 456/2007; Case no.
(C) YOUR LORDSHIP'S be further please to direct the Concern Mamlatdar to Certify Mutation Entry no. 3511 and 3512;
(D) During the pendency and final disposal of the present petition, LORDSHIPS stay the YOUR implementation, operation and execution of the order dated 10.09.2018 passed by the learned SSRD passed in MVV/HKP/GDHN/33 of 2018 as well as order dated 23.03.2018 passed by learned District Collector in CB/R.T.S/Magodi/Revision/No. 223 of 2011 as well as order dated 20.08.2011 passed by learned Dy. Collector, Gandhinagar in RTS/Appeal/SR-263/2010 as well as order dated 21.05.2010 passed by learned Mamlatdar, Gandhinagar in Remand Takrari Case no. 456/2007and further be pleased to direct the respondents to maintain status quo with regards to the land in question;
(E) Any other and further relief that may deem fit by this Hon'ble Court in the interest of justice;”
4. By way of the present petition, the petitioners herein have invoked extraordinary jurisdiction under Article 226 of the Constitution of India challenging the impugned order dated 10.09.2018 passed by the Special Secretary (Appeals), Revenue Department (for short, “SSRD”) in Revision Application No. MVV/HKP/GDHN/33 of 2018 whereby, the SSRD rejected the revision application preferred by the petitioners resulting that entry on strenth of registered sale deed came to be rejected on the ground that application for correction in name of the vendor in the revenue was preferred by the purchaser, i.e., petitioner, though the affidavit to correct the name was made by the legal heir of the vendor.
5. It is the case of the petitioners that the error in entering the name of the vendor was on the part of the revenue authority as correct name of the vendor in the mutation entry but at the time of giving effect to 7/12 extract the revenue office committed a mistake in reflecting the correct name. It is further the case of the petitioners that no dispute is raised by any of the legal heir with respect to the corrected name of the vendor. In such a situation, the impugned order
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.