Gujarat High Court
Ishwarbhai Madhavlal Patel vs State Of Gujarat on 11 October, 2018
Author: C.L. Soni
Bench: C.L. Soni
C/SCA/13790/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13790 of 2018
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ISHWARBHAI MADHAVLAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3,4
MS NISHA THAKORE, AGP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 11/10/2018
ORAL ORDER
1. The petition is filed under Articles 226 and 227 of the Constitution with following prayers made in para 8 thereof:-
(a) Your lordship, be pleased to admit and allow this petition.
(b) Your lordship, be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction in nature of Compliance of the Order (Coram: J. K.R. Vyas) dated 12.05.1999 passed by this Hon'ble Court in Special Civil Application No.4487 of 1990 and thereby give necessary effect of the same and further be pleased to issue direction upon the concern Respondent to mutate the Entry of Registered Sale Transaction of the Present Petitioner of subject property i.e. "Kakaba Appartment" bearing its Final Plot No.163, at Village Vastrapur, Ta. Vejalpur, Ahmedabad.
(c) Your lordship, Pending admission and final disposal of this Petition, be pleased to Direct the competent Authority to give necessary and legal effect of the Registered Sale Deed dated 24.02.2011 in the Revenue Record of the subject property i.e. "Kakaba Appartment" bearing its Final Plot No.163, at Village Vastrapur, Tauka Vejalpur, Ahmedabad in compliance with the Order dated 12.05.1999 passed by this Hon'ble Court (Coram: J. K.R. Vyas).
(d) .........
(e) .........."
2. It appears that by virtue of the order dated 12.5.1999 made in Special Civil Application No.4487 of 1990, the proceedings which Page 1 of 3 C/SCA/13790/2018 ORDER were taken under the Urban Land Ceiling Act, 1976 ('ULC Act') in connection with the land bearing Final Plot No.163, situated at village Vastrapur, Taluka Vejalpur, Ahmedabad (land in question) stood abated. The petitioner has placed on record copy of the said order.
3. It is the case of the petitioner that the petitioner has purchased flat No.6 in the scheme of the apartments constructed on the land in question by registered sale deed dated 24.2.2011. The petitioner has placed on record copy of the registered sale deed at Annexure-C.
4. The grievance made by the petitioner in the petition is that though the petitioner has purchased the said property by registered sale deed, the Mamlatdar is neither complying the order made by this Court in Special Civil Application No.4487 of 1990 nor has certified the entry in favour of the petitioner for the above property.
5. Learned advocate for the petitioner submitted that since by virtue of the order made by this Court in the above-referred petition, the original owner continued to occupy the land in question as owner and since the petitioner acquired rights in connection wit the land in question, the petitioner was entitled to get the revenue entry mutated and certified in his name on the basis of registered sale deed for the above property of flat No.6.
6. Learned Assistant Government Pleader Ms. Thakore on the other hand submitted that the Mamladar has not certified the entry based on the registered sale deed as the interim order of status-quo was continuing in revenue record and there was no opinion from the concerned branch of the ULC Department. She submitted that the Mamlatdar could reconsider the matter if direction is issued by this Court to consider the effect of the order made by this Court dated Page 2 of 3 C/SCA/13790/2018 ORDER 12.5.1999 in Special Civil Application No.4487 of 1990 and also to consider the registered sale deed executed in favour of the petitioner for property of flat No.6 to certify the entry after following due procedure as contemplated under the provisions of the Gujarat Land Revenue Code, 1879 ('the Code').
7. From the documents of record of rights, it appears to the Court that the Mamlatdar has already certified entry for flat No.5.
8. In view of above and having heard learned advocates, the Court finds that the petition could be disposed of with appropriate directions.
9. The petition is thus disposed of with following directions to the respondent No.2- Mamlatdar:
(a) The respondent No.2- Mamlatdar is directed to reconsider the matter as regards mutation and certification of revenue entry for property of flat No.6 in connection with the land in question on the basis of registered sale deed executed in favour of the petitioner in accordance with the provisions of Section 135-C and 135-D of the Code and in view of the order dated 12.5.1999 passed by this Court in Special Civil Application No.4487 of 1990. The Mamlatdar shall complete such procedure within a period of TWO MONTHS from the date of receipt of this order.
10. It is clarified that this Court has not gone into the merits of the case and it is entirely for the Mamlatdar to decide the matter afresh in accordance with law and by following the procedure as contemplated under Section 135-D of the Code.
Direct Service is permitted.
(C.L. SONI, J) OMKAR Page 3 of 3