Gujarat High Court
Shantiben Babubhai @ Chhaganbhai Patel ... vs State Of Gujarat on 7 October, 2023
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7947 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 2454 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 24341 of 2022
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 24341 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 26539 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
===============================================================
1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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SHANTIBEN BABUBHAI @ CHHAGANBHAI PATEL D/O GANDABHAI
DEVABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
DR. SHAILESH R. PATEL(6044) for the Petitioner(s) No. 1,3,4,5,6,7,8
MR BM MANGUKIYA(437) for the Petitioner(s) No. 2.1,2.2,2.3,2.4,2.5
VIRAL K SHAH(5210) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MS HETAL PATEL, AGP for the Respondent(s) No. 1
MR AFTABHUSEN ANSARI(5320) for the Respondent(s) No. 7,8
MR DIPEN DESAI(2481) for the Respondent(s) No. 9
MR HRIDAY BUCH(2372) for the Respondent(s) No.
Page 1 of 27
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NEUTRAL CITATION
C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023
undefined
11,12,13,14,15,16,17,18,19,20,21,22,23,24,25
NOTICE SERVED BY DS for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,3,4,5,6
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 07/10/2023
CAV JUDGMENT
1. Special Civil Application No.7947 of 2019, Special Civil Application No.2454 of 2022 and Special Civil Application No.26539 of 2022 are preferred to challenge the order dated 18th February, 2019 passed by the Special Secretary, Revenue Department (for short 'the SSRD') in Revision Application No.124 of 2017 filed by Valiben Dahiyabhai-petitioner of Special Civil Application No.26539 of 2022 and Revision Application No.130 of 2017 filed by Dinbandhu Dinanath.
2. The land bearing Survey No.320 of Village:Vesu, Takuka: Surat City, Majura, District:Surat admeasuring 40200 Sq.Mtrs is Page 2 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined the subject matter of these petitions.
3. Survey No.320 is a new survey number in view of the resurvey which took place in the year 1992-93 whereby, the land bearing Survey Nos.497 and 499 were merged.
3.1. History with regard to Survey No.497 is as under :
(i) Dolatsinh Prabhatsinh was holding the land admeasuring 4 Acres and 33 Gunthas of Survey No.497 since the year 1955-56.
(ii) On 26.05.1956, Dolatsinh Prabhatsinh executed a registered sale-
deed No.1101 in favour of Gambhirsinh Gomansinh and Bai Gulabben-widow of Jesingbava Khushalbava for the said land and Mutation Entry No.126 dated Page 3 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined 25.10.1956 was entered into revenue record in favour of Gambhirsinh Gomansinh and Bai Gulabben-widow of Jesingbava Khusalbava on the basis of the registered sale-deed dated 26.05.1956.
(iii) Thereafter, Gambhirsinh Gomansinh and Bai Gulabben widow of Jesingbava Khusalbava executed a registered sale- deed1241 dated 11.06.1956 in favour of Gandabhai Kanjibhai and minor Amratlal Samubhai. Mutation Entry No.127 dated 25.10.1956 was entered into the revenue record with regard to the transaction of sale dated 11.06.1956.
(iv) Gandabhai Kanjibhai relinquished
his right in favour of Amratlal
Samubhai and Revenue Entry No.506 dated Page 4 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined 12.07.1956 was mutated deleting the name of Gandabhai Kanjibhai.
(v) Amratlal Samubhai passed away on 31.01.1967. Revenue Entry No.617 dated 02.05.1968 was mutated in revenue record entering the name of Samubhai Kanjibhai-father of late Amratlal Samubhai as legal heir.
(vi) The Superintendent of land record prepared Durasti Patrak No.13 in the year 1969 and accordingly, land of Survey No.497 was admeasured as 4 Acres 24 Gunthas and Revenue Entry No.1034 dated 13th September, 1978 was mutated in revenue record as against 4 Acres and 33 Gunthas as per the "Prati Book"
prepared in the year 1951.
(vii) Map of Village:Vesu was prepared Page 5 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined in the year 1978 showing the old Survey Nos.497 and 499 situated at different places and Survey No.499/3 was situated between both the survey numbers.
3.2. History of Survey No.499/3 is that the Agricultural land admeasuring 1 Acre and 14 Gunthas of Survey No.499/3 was originally owned by Lakhiben Gandabha Devabhai from 1948- 49 to 1954-55 as per the Revenue Entry No.94 recording the Notification of the State Government. As per the said entry, the land in question fell under the provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.
3.3. History with regard to land bearing Survey No.499 is as under :
(i) Agricultural land admeasuring 3
Acres O Gunthas of Survey No.499 was of Page 6 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined the ownership of Gopalbhai Dalpatbhai and Ranchhodji Dalpatbhai Kalidas.
(ii) Gopalbhai Dalpatbhai executed a sale-deed No.549 dated 24th March, 1956 for himself and as power of attorney holder of Ranchhodji Dalpatbhai Kalidas in favour of Dolatsinh Cheetabhai and Surajben-daughter of Cheetabava Nagjibava. Revenue Entry No.115 dated 30th June, 1956 was mutated into the revenue record with regard to the sale-
deed No.549 dated 24.03.1956.
(iii) Dolatsinh Cheetabhai and Surajben-daughter of Cheetabava Nagjibava executed the sale-deed No.1042 dated 21.05.1956 in favor of Vijayaben-daugher of Jasmatbhai Bhikhabhai with respect to the said Page 7 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined land. Revenue Entry No.125 dated 25.10.1956 was entered into the revenue record with regard to the said registered sale-deed. Vijayaben- daugher of Jasmatbhai Bhikhabhai passed away on 29.10.1970. Revenue Entry No.732 dated 06.04.1972 was mutated in revenue record mutating the name of legal heir of Vijayaben-daugher of Jasmatbhai Bhikhabhai namely Samubhai Kanjibhai with regard to the said land. 3.4. In the year 1979, Valiben Dahiyabhai, Laxmiben @ Lakhiben Kantibhai, Dinbandhu Dinanath and their predecessors prepared a measurement sheet on 26th June, 1979 and Hissa Form No.4 with respect to the Survey No.497 stating that Survey No.497 is admeasuring 4 Acres and 33 Gunthas but the occupants are in possession of land admeasuring 6 Acres and 37 Page 8 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined Gunthas.
3.5. Thereafter, Samubhai Kanjibhai executed a sale-deed No.1965 dated 31.03.1980 with respect to the land bearing Survey No.497 admeasuring 4 Acres and 24 Gunthas and Survey No.499 admeasuring 3 Acres in favour of Dinanath Poonamchand. In the sale-deed it was mentioned that there was a mistake in the measurement of Survey No.497 and process was going on for correction of the same and the seller received the whole consideration. Heirs of deceased Samubhai Kanjibhai i.e. Valiben, Laxmiben and Dinbandhu Dinanath signed the sale-deed as witness. Revenue Entry No.1097 dated 12.09.1980 was entered into the revenue record recording the registered sale-deed No.1965 dated 31.03.1980. It appears from the record that Revenue Entry No.1251 dated 20th September, 1984 was mutated showing the Survey Page 9 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined No.497 admeasuring 6 Acres and 37 Gunthas as per the Hissa Form No.4.
3.6. Thereafter, Mutation Entry No.1441 dated 24.05.1989 was entered into the revenue record with respect to the Survey No.497 recording that Uttamram Bhagwandas is having the half share in the property as per the application given by Dinanath Poonamchand. Thereafter, the resurvey took place in the year 1992-93 and old Survey Nos.497 and 499 were merged to form New Survey No.320. As per the "Khetvad Patrak"
prepared after resurvey of the year 1992-93, Old Suvey No.497 was showing admeasuring 4 Acres and 24 Gunthas and Old Survey No.499 was showing admeasuring 3 Acres. As per the "Kayam Khardo" prepared in the year 1992, Old Survey No.497 was showing admeasuring 4 Acres and 24 Gunthas.
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NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined 3.7. Town Planning Scheme No.7 (Vesu-Magdalla) was made applicable to Survey No.320 as per the public notice dated 02.07.1994 in the Newspaper.
3.8. As per Form F prepared under the Town Planning Scheme No.7 (Vesu-Magdalla), the Survey No.497 was showing 30,166 Sq.Mtrs. 3.9. Dinanath Poonamchand passed away on 07.04.2000 and Revenue Entry No.2390 dated 03.05.2000 was mutated in revenue record in names of legal heirs of Dinanath Poonamchand namely (i) Pravinaben-widow of Dinanath Poonamchand (ii) Dinbandhu Dinanath and (iii) Deepikaben @ Dimpleben Dinanath. 3.10. Uttamram Bhagwandas relinquished his rights in land bearing Survey No.320 in favour of legal heirs of Dinanath Poonamchand and Revenue Entry No.2558 dated 17.05.2001 was Page 11 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined entered into revenue record deleting his name. 3.11. On 19th January, 2010, legal heirs of Dinanath Poonamchand made an application for entering the names of Anupamaben Dinbandhu Dinanath-widow of Dinbandhu Dinanath, minor Abhishek Dinbandhu, minor Yashswi Dinbandhu and minor Dharmapal Dinbandhu in revenue record and Mutation Entry No.5809 dated 27.01.2010 was made in revenue record recording the same. Pravinaben Dinanath Poonamchand passed away on 22.04.2011. Before her death, she executed a registered Will whereby, her share was bequeathed in favour of Dinbandhu Dinanath and Revenue Entry no.6814 dated 14.06.2012 was made in revenue record to that effect. Objections were raised with regard to Mutation Entry No.6814 dated 14.06.2012. The Mamlatdar registered the case as RTS/Objection Case NO.100/2012. By order Page 12 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined dated 15.01.2012 passed by the Mamlatdar, the objections were allowed with a direction not to certify Mutation Entry No.6814 dated 14th June, 2012 with respect to Survey No.320. 3.12. Thereafter, Mutation Entry No.6821 dated 15th June, 2012 was entered in revenue record entering the names of legal heirs of late Pravinaben-widow of Dinanath Poonamchand namely (i) Dinbandhu Dinanath and (ii) Deepikaben @ Dimpleben Dinanath whose names were already on record. Therefore, the name of Pravinaben Dinanath was deleted. 3.13. In the meanwhile, application dated 17.02.2010 was made by legal heirs of Lakhiben-widow of Gandabhai Devabhai namely Thakorbhai Gandabhai and others through their power of attorney Shaileshbhai Dhanubhai Chowdhari to the Deputy Collector, City Prant, Page 13 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined Surat stating that land bearing Survey No.499/3 admeasuring 1 Acre and 5 Gunthas and Kharabo land admeasuring 09 Gunthas, total admeasuring 1 Acre and 14 Gunthas was in name of Lakhiben-widow of Gandabhai Devabhai. However, it appears that during resurvey, the land bearing Survey Nos.497 and 499 merged together to form a New Survey No.320 and by mistake, Survey No.499/3 admeasuring 1 Acre and 14 Gunthas was not separated. Therefore, the application was made to do the measurement with respect to Survey Nos.320 comprising Old Survey Nos.497 and 499 and separate the land bearing Survey No.499/3 admeasuring 1 Acre and 14 Gunthas out of the Survey No.320. 3.14 The Deputy Collector, City Prant, Surat called for relevant record from the Office of the District Inspector Land Record (for short 'the DILR') and reports/opinions from all the Page 14 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined concerned departments. As per the report sent from the Office of the DILR dated 19.10.2011, it was stated that the land bearing Old Survey No.497 was 4 Acres and 33 Gunthas from 1955-56 to 1972-73 but as per the Mutation Entry No.1251 dated 20th September, 1984, the Survey No.497 is showing 28,025 Sq.Mtrs instead of 19,526 Sq.Mtrs without there being any record or order regarding the change of such measurement on the basis of the Hissa Form 4. 3.15. Considering the submissions of all parties, reports from the Office of the DILR and original record from the year 1948-49 till the year 2014, the Deputy collector came to the conclusion that name of Lakhiben-widow of Gandabhai Devabhai has not been entered into the revenue record from the year 1955-56 with respect to Survey No.499/3 admeasuring 1 Acre and 14 Gunthas and therefore, by order dated Page 15 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined 11.12.2014 directed the Mamlatdar to enter the name of Lakhiben with respect to land admeasuring 1 Acre and 14 Gunthas in resurvey No.320 and further stated that since T.P. Scheme is applicable to this land, OP number and FP number will be decided by the Urban Development Officers.
3.16. In the meanwhile, Dinbandhu Dinanath filed Regular Civil Suit No.210 of 2012 against Dimpleben Dinanath with respect to Survey No.320 before the 14th Additional Civil Judge, Surat. Valiben Dahiyabhai and Laxmiben @ Lakhiben Kantibhai filed application Exh.29 for joining as party defendant which was rejected by order dated 4th March, 2014 on the ground that they have no right or interest with respect to Survey No.320. The said order was challenged by preferring Special Civil Application No.7871 of 2014 before this Court Page 16 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined which was withdrawn on 22.08.2014 with a liberty to file substantive Suit. However, no such Suit has been filed till date. 3.17. In view of the order dated 11th February, 2014 passed by the Deputy Collector, Revenue Entry No.7640 was mutated on 19.12.2014 showing the name of Lakhiben-widow of Gandabhai Devabhai with respect to the land admeasuring 1 Acre and 14 Gunthas out of Survey No.320. The said entry was certified on 31.01.2015. Being aggrieved and dis-satisfied by order dated 11.12.2014 passed by the Deputy Collector, City Prant, Surat, Valiben Dahiyabhai-daughter of Samubhai Kanjibhai and others preferred Revision Application No.70 of 2015 before the Collector along with an application for stay. By order dated 13.10.2017, the Collector rejected the application No.70 of 2015 confirming the order Page 17 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined dated 11.12.2014 passed by the Deputy Collector. Revenue Entry No.8604 dated 02.11.2017 was entered into the revenue record giving effect to the order dated 13.10.2017 passed by the Collector. It appears that in the meanwhile, registered sale-deed was executed on 08.05.2017 by Shantiben Babubhai, Naginbhai Gandabhai Patel, Sumenben, Champaben, Bhanuben, Sonalben and Dinesh Thakorbhai Patel in favour of Devenbhai Mafatlal Patel.
3.18. Valiben Dahiyabhai-daughter of Samubhai Kanjibhai and others filed Revision Application No.124 of 2017 before SSRD challenging the order dated 13.10.2017 passed by the Collector. Dinbandhu Dinanath also preferred Revision Application No.130 of 2017 before the SSRD challenging the same order. Page 18 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023
NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined 3.19. The SSRD by common order dated 18.02.2019 quashed and set aside the order passed by the respondent No.2-Collector and directed him to make an inquiry afresh and till then, directed the parties to maintain status-quo. Being aggrieved by order dated 18.02.2019, Special Civil Application Nos.7947 of 2019, 2454 of 2022 and 26539 of 2022 are filed.
3.20. It appears that before implementation of the order dated 18.02.2019, Revenue Entry No.9898 was mutated in revenue record upon death of Naginbhai Gandabhai, one of the legal heirs of Lakhiben and names of his survivors Babliben Naginbhai and others was mutated. 3.21. Thereafter, an application was made to implement the order dated 18.02.2019 by Devenbhai Mafatlal Patel who purchased the Page 19 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined land admeasuring 5,463.25 Sq.Mtrs vide registered sale-deed No.141 of 2015 of Survey No.320 as stated above. The Collector passed an order dated 11.03.2022 cancelling the Mutation Entry No.9898 in view of the order of status-quo passed by the Revenue Secretary till the inquiry was conducted and further directed to give effect to the order dated 18.02.2019 in the revenue record. 3.22. Therefore, the Mamlatdar passed an order dated 25.03.2022 by mutating Revenue Entry No.10074 deleting the name of Devenbhai Mafatlal Patel as registered owner and only names of Dipikaben and Dinbandhu Dinanath continued in the revenue record without issuing any notice to the Devenbhai Mafatlal Patel. The petitioner therefore filed a review application before the Collector to clarify that name of petitioner be restored to record. Page 20 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023
NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined The Collector by order dated 17.06.2022 allowed the application. Dinbandhu Dinanath challenged the said order by preferring an application before the Collector being Application No.25/2022. The Collector by impugned order dated 02.11.2022 cancelled the order dated 17.06.2022 by allowing the application with further direction to Mamlatdar, Surat City, Majura not to pass any entry till the final disposal of the remand case. It was also observed that the outcome of Special Civil Application No.7947 of 2019 and Special Civil Application No.2454 of 2022 pending before this Court shall be binding to all the parties.
3.23. Devenbhai Mafatlal Patel has preferred Special Civil Application No.24341 of 2022 challenging the order dated 02.11.2022 passed by the Collector. Civil Application No.1 of Page 21 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined 2023 in Special Civil Application No.24341 of 2022 is filed to set aside the notice dated 16.03.2022 issued by the DILR for measurement of the land in question in view of the pending proceedings.
4. Learned Senior Advocate Mr.Anshin Desai assisted by learned advocate Mr.Viral K. Shah for the petitioners, learned Assistant Government Pleader Ms.Hetal Patel for the respondent-State, learned Senior Advocate Mr.S.N.Soparkar assited by learned advocate Mr.Dipen Desai for the petitioner of Special Civil Application No.2545 of 2022-Dinbandhu Dinanath Prajapati, learned advocate Mr.B.M.Mangukia with learned advocate Mr.Nirad Buch for the respective petitioners and respondents in the matters were heard.
5. The facts of the case are in very narrow Page 22 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined compass. The SSRD after considering the facts and submissions of the respective parties has remanded the matter back to the Collector vide order dated 18.02.2019 on the ground that proper inquiry was required to be made with regard to the measurement of Old Survey Nos.497, 499 and 499/3. The SSRD has also considered that bogus Hissa Form was made and thereafter, registered sale-deed is executed and ownership cannot be obtained on the basis of the possession. It has also observed that on perusal of the map, the land was without any survey number belonging to the Government without there being any order by mutating the ademesurement as 6 Acres and 37 Gunthas of Suvey No.497 which was actually 4 Acres and 24 Gunthas. The SSRD has therefore rightly come to the conclusion that proper inquiry is required to be made with regard to the land in Page 23 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined question and the Deputy Collector and Collector could not have ordered to mutate the name of Lakhiben and Valiben in respect of the land admeasuring 1 Acre and 14 Gunthas in absence of the inquiry. The SSRD has therefore rightly remanded the matter back to the Collector by quashing and setting aside the order dated 13.10.2017 passed by the Collector and directed to reconsider the entire matter while adjudicating the appeals arising out of the order dated 11.12.2014 passed by the Deputy Collector and ordered to maintain the status-quo qua the land in question till such inquiry is conducted by the Collector in the pending appeals arising out of the order dated 11.12.2014 passed by the Deputy Collector.
6. Therefore, no interference is called for in the impugned order of the SSRD dated 18.02.2019 passed in Revision Application Page 24 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined Nos.124 and 130 of 2017.
7. Similarly, so far as Special Civil Application No.24341 of 2022 is concerned, the Collector has only directed the Mamlatdar not to pass any entry in the revenue record till the final disposal of the remand matter made by the SSRD as well as the order to be passed by this Court in pending Special Civil Applications arising out of the remand order passed by the SSRD. Therefore no interference is called for in the impugned order dated 02.11.2022 passed by the Collector.
8. The Collector is therefore directed to complete the inquiry as per the remand order passed by the SSRD in respect of the measurement of the land in question so as to adjudicate upon the order dated 11.12.2014 passed by the Deputy Collector. The parties Page 25 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined are directed to maintain status-quo with regard to the land in question as per the impugned order passed by the SSRD. Such exercise shall be completed within six months from the date of receipt of the copy of this order.
9. At this stage, it is required to be noted that Civil Application No.2 of 2023 was filed by the petitioner-Devenbhai Mafatlal Patel of Special Civil Application No.24341 of 2022 with a prayer to place on record the further developments and to appreciate and consider such developments while passing this order. Reference was made to the order passed in Special Civil Application No.23710 of 2022 which is not the subject matter of this petition. However, it is clarified that the Collector, Surat is to compete the inquiry proceedings as directed by the SSRD and Page 26 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023 NEUTRAL CITATION C/SCA/7947/2019 CAV JUDGMENT DATED: 07/10/2023 undefined consequential order shall be passed to that effect and all other and further orders which are passed after 10.04.2023 shall be subject to outcome of this order as a consequence of the inquiry to be conducted by the Collector and the order to be passed after giving opportunity of hearing to all concerned. The petitions are accordingly disposed of. Notice is discharged. Civil Application also stands disposed of accordingly.
(BHARGAV D. KARIA, J) PALAK Page 27 of 27 Downloaded on : Sat Oct 07 20:48:02 IST 2023