Gujarat High Court
Manpritsinh Mahendrasinh Rathod & vs State Of Gujarat Thro Principal ... on 15 September, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/15630/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 15630 of 2012
==========================================================
MANPRITSINH MAHENDRASINH RATHOD & 1....Petitioner(s)
Versus
STATE OF GUJARAT THRO PRINCIPAL SECRETARY & 4....Respondent(s)
==========================================================
Appearance:
MR MA KHARADI, ADVOCATE for the Petitioner(s) No. 1 - 2
MS NISHA THAKORE, AGP for the Respondent(s) No. 1
MR HARSHAD K PATEL, ADVOCATE for the Respondent(s) No. 5
NOTICE SERVED for the Respondent(s) No. 2 - 4
==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/09/2017
ORAL ORDER
1. By this application under Article 227 of the Constitution of India, the applicants call in question the legality and validity of the order dated 23/08/2012 passed by the S.S.R.D. at Ahmedabad, by which, the S.S.R.D. allowed the revision application filed by the respondent no.5 herein, thereby, quashing and setting aside the order of the Collector, Dahod, dated 19/10/2006 and affirming the order of the Deputy Collector, Dahod, dated 07/07/2005 in the RTS Appeal No.12/2005.
2. The S.S.R.D. while allowing the revision application filed by the respondent no.5 held as under:
3. Revision Application of the applicant, the oral arguments of the Ld. Advocates of the parties, Order of the Collector and available papers have been perused. The applicants of this case has purchased the land bearing C. S. no.1062 paiki, admeasuring 69.64 Sq. mts. At mouje village - Limdi, Tal. Zalod vide two registered sale deeds of Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Sep 24 08:24:17 IST 2017 C/SCA/15630/2012 ORDER Nos.318 and 319, both dtd. 26061993 respectively. The mutation entries of the same have been registered in the Office of City Survey vide Mutation Entry nos.82 and 83 on 21012004. As the Objection Application has been filed by the opponent of this case before the City Survey Superintendent, the City Survey Superintendent has ordered to cancel both the entries and to register the case on the Dispute Register. Being aggrieved from this, the applicant of this case has lodged dispute application before the Deputy Collector, Dahod under Rule 108(5) of Gujarat Land Revenue Rules 1972. In connection with which the Deputy Collector, Dahod has ordered to certify both the mutation entries on the basis of registered sale deed vide Order No. RTS/Appeal No.12/2005 dtd. 07072005. On being aggrieved by the impugned order of the Deputy Collector, Dahod, the opponent of this case has filed a Revision application before the Collector, Dahod under Rule 108(6) of Gujarat Land Revenue Rules 1972. The Collector Dahod has allowed the Revision application by his impugned Order. Aggrieved by the same, the applicants of this case has filed the present Revision application before this Office. Looking to the details of the registered sale deed no. 318 dtd. 29061993, Mahendrasinh Motisinh Rathod has sold the open land for residential purpose admeasuring 69.64 sq. mts. of C.S. No.1062 of Limdi, Tal. Zalod to Ushaben Samualbhai Damor by taking consideration money of Rs. 3,000/. The total area of C.S. no.1062 is 1619.14 sq.mts., which is an open land of independent ownership for residential purpose. Among which the land of 69.64 sq. mts. of land has been sold by taking the consideration money of Rs. 3,000/. The seller has put the signature before SubRegistrar. The Deputy Collector, Dahod has duly certified the mutation entry vide his order dtd. 07072005 made on the basis of sale deed. Looking to the details of the deed, no any defect is found in the City Survey number. Hence, no question arises to make the Revised deed. As the observation made by the Collector is not found proper, and the Order of the Collector is erroneous, hence it is liable to be quashed. The Deputy Collector, Dahod has passed an order in just and legal manner to certify the mutation entry nos. 82 and 83 made on the basis of registered sale deed, which is required to be restored. The Revision Application has been granted considering the grounds of the applicant narrated in the revision application and the arguments of his Ld. Advocate. Following order is passed by quashing the impugned order of the Collector.
: O R D E R : The Revision Application of the applicant is granted. As the Order no. CTS/Revision Application no. 10 / 2005 dtd. 19102006 of the Collector Dahod is erroneous, it is hereby quashed. The Order no. RTS/ Appeal no. 12/2005 dtd. 07072005 of the Deputy Collector, Dahod is just and proper, hence the same is ordered to be restored.
3. Indisputably, there is a saledeed executed by the applicants Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Sep 24 08:24:17 IST 2017 C/SCA/15630/2012 ORDER herein in favour of the respondent no.5. The saledeed is with respect to the land bearing City Survey No.1062 paiki, admeasuring 69.64 sq.mtr. situated at Limdi, TalukaJhalod. The City Survey No.1062 in toto admeasures 1619.14 sq.mtrs., out of the same, the saledeed is for 69.64 sq.mtrs. It appears that later on, one another parcel of the land was also purchased and an entry in that regard also came to be mutated.
4. In my view, the S.S.R.D. rightly allowed the revision application upholding the validity of the entries nos.82 and 83. If there is any other dispute as regards the exact area of the land or identity of the land, then such dispute can be resolved by the Civil Court in the civil proceedings. It does not appear from the materials on record that any civil suit has been filed by the applicants till this date. In my view, no error not to speak of any error of law could be said to have been committed by the S.S.R.D. in passing the impugned order. No interference is warranted in exercise of my supervisory jurisdiction under Article 227 of the Constitution of India. This application, therefore, fails and is hereby rejected. Notice stands discharged.
(J.B.PARDIWALA, J.) aruna Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Sep 24 08:24:17 IST 2017