Gujarat High Court
State Of Gujarat vs Satabhai Ghoghabhai Gamara on 24 April, 2023
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/SCA/6903/2023 ORDER DATED: 24/04/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6903 of 2023
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STATE OF GUJARAT
Versus
SATABHAI GHOGHABHAI GAMARA
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Appearance:
GOVERNMENT PLEADER for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 3,4,5
MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 1,2
SHRENIK R JASANI(9486) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 24/04/2023
ORAL ORDER
1.Heard learned Assistant Government Pleader Ms.Hetal Patel for the petitioners-State.
2.By this petition under Articles 226 and 227 of the Constitution of India, the petitioners-State of Gujarat and the Collector, Rajkot have challenged the order dated 08.09.2021 passed by the Special Secretary Revenue Department (Appeals)(for short 'the SSRD') in Review Application No.3 of 2020 filed by the respondent Nos.1 and 2 Page 1 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined challenging the order dated 25.11.2019 passed by the Collector in Land-Revision-211-Case No.11 of 2019 cancelling the conversion of the land admeasuring 4 Acres situated at Survey No.167 paiki at Village:Lothda, District: Rajkot.
3.The brief facts of the case are as under :
3.1. The land situated at Village:Lothda, Taluka and District:Rajkot bearing Survey No.167 was initially allotted to total eleven persons in the year 197l under 'Sathni Scheme' by the Deputy Collector vide order date 31.05.1971.
3.2. Out of those eleven persons, late father of the respondent Nos.3 and 4 i.e. late Mepabhai Jagabhai Dabhi was also allotted land as Original Sathnidar in the year 1971 as a new tenure land by the Deputy Page 2 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined Collector vide allotment order dated 31.05.1971 under the Santhni Scheme upon mandatory fulfillment of certain conditions enumerated in the allotment order dated 31.05.1971 i.e. (i) the original Santhnidar/original allottes should have taken the possession of land in question at the time of allotment. (ii) the original Sathnidar/original allottees should have cultivated the land in question continuously for fifteen years. (iii) the original Sathnidar/original allottees should have been holding the possession of the land in question continuously for fifteen years and lastly (iv) the name of original Sathnidar/ original allottees should have been reflected in the Revenue Records since 1971. 3.3. The Revenue Department, Government of Gujarat on 19.02.2018 issued a Government Resolution wherein, the cases Page 3 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined whereby the original Sathnidar/original allottees, if had not taken the possession of the land at the time said of allotment, then as per the said Government Resolution those original Sathnidar/original allottees were allowed to apply for taking the possession of the land allotted under the Sathni Scheme. 3.4. Respondent Nos.3 and 4, claiming to be legal heir of Late Mepabhai Jagabhai Bharvad (original Sathnidar/ original allottees) made an application dated 10.05.2018 before the Mamlatdar for getting their name mutated as possessor of the land in question and in view of allotment order dated 31.05.1971 and Government Resolution dated 19.02.2018 they became entitled to the possession of land in question. 3.5. The Mamlatdar, Rajkot vide letter dated 15.05.2018 directed the Circle Officer, Page 4 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined Rajkot to hand over the possession of the land in question to the respondent Nos.3 and 4 viz. Rajubhai Mearambhai Dabhi and Munabhai Mearabhai Dabhi, respectively and therefore, the Circle Officer-Rajkot vide letter dated 30.05.2018 prepared Rojkam and in presence of the panch-witnessess, handed over the possession of the land in dispute to the respondent Nos.3 and 4 and accordingly, the Entry No.2775 was mutated in the Revenue Records on 02.06.2018.
3.6. Thereafter, on 19.09.2018, the respondent Nos. 3 and 4 made an application to the Mamlatdar for converting the land in dispute from the new tenure land to old tenure land and the Mamlatdar, Rajkot vide order dated 05.10.2018 passed an order of converting the land in dispute from new tenure land to old tenure land.
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NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined 3.7. It is the case of the petitioners that the respondent Nos.3 and respondent No.4 sold the old tenure land to the respondent No.1-Satabhai Ghoghabhai Gamara and respondent No.2-Bhikubhai Samatbhai Mundhva for the sale consideration of Rs.5,70,000/-. The respondent Nos.3 and 4 sold the five acres of land out of the total four acres of the land in question vide registered document No.5111 registered on 01.11.2018 and was mutated in revenue record vide Revenue Entry No. 2808 for such sale on 02.11.2018.
3.9. It is the case of the petitioners that though original Sathnidar/original allottee namely Mepabhai Jagabhai Dabhi/Bharvad-late father of the respondents was allotted the land in the year 1971, from the possession receipt/rojkam of 1971, it is clear that late Mepabhai Jagabhai Page 6 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined Dabhi had not affixed any thumb impression or signature upon the possession receipt/ rojkam of 1971, accepting the possession of the land in dispute which clearly shows that late Mepabhai Jagabhai Dabhi had not taken the possession of the land in question. 3.10. It is the case of the petitioners that as soon as mutation entry qua land in question was mutated in the name of the respondent Nos.3 and 4 on 02.06.2018, they got the land in question converted to the old tenure land from the new tenure land on 05.10.2018 and the respondent Nos.3 and 4 sold the two acres of land in question to the respondent Nos.1 and 2 for sale consideration of Rs.5,70,000/- on 01.11.2018. 3.11 It is the case of the petitioners that then the Mamlatdar in defiance of the allotment order dated 31.05.1971 mutated the Page 7 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined Entry No. 2775 on 02.06.2018 completely against the provision of law. The Revenue Department, Government of Gujarat vide letter dated 19.12.2022 issued administrative orders to the Collectorate, Rajkot for initiating appropriate departmental inquiry against the Mamlatdar namely Mr. K.H. Khanpara. 3.12. It is the case of the petitioners that on finding that there may have been some connivance of the Mamlatdar with the respondent Nos.1 to 4, the Collector vide order dated 25.11.2019 in exercise of powers under section 211 of the Bombay Land Revenue Code, in suo motu review, quashed and set aside the order dated 05.10.2018 passed by Mamlatdar, Rajkot.
3.13. Being aggrieved and dissatisfied by the said order, the respondent Nos.1 and 2 challenged the same before the SSRD, whereby Page 8 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined the SSRD vide order dated 08.09.2021 quashed and set aside the order dated 25.11.2019 passed by the Collector. The petitioners have therefore preferred the present petition.
4.Learned Assistant Government Pleader Ms.Hetal Patel for the petitioners submitted that the Collector, Rajkot has quashed the order dated 05.10.2018 converting the land in question from new tenure land to old tenure land only on the basis of the Revenue Entry No.2775 mutated in the Revenue Records on the basis of the Circular dated 19.02.2018, letter dated 15.05.2018 and Panchrojkam dated 30th May, 2018 to mutate the names of the legal heirs of the late Merambhai Mepabhai to whom the land in question was allotted vide order dated 31.05.1971 passed by the Deputy Collector. It was submitted that the respondents were handed over the possession of the land on 30th May, 2018 and therefore, Page 9 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined the Mamlatdar has committed an error by passing an order on 05.10.2018 to convert the land in question from new tenure land to old tenure land contrary to the Government Resolution that the land can be converted into old tenure land only if the person is having the possession of land for more than fifteen years.
4.1. It was submitted that admittedly, the possession of the land in question was handed over to the respondent Nos. 3 and 4 in the month of May, 2018 and therefore, the Collector has rightly quashed the order dated 05.10.2018 converting the land in question from new tenure land to old tenure land. 4.2 It was submitted that the SSRD has committed an error in relying upon the Panchrojkam dated 10.06.1971 and Entry No.156 in the Revenue Record to believe the Page 10 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined possession of the respondent Nos. 3 and 4 qua the land in question since 1971. 4.3 It was therefore submitted that as Panchrojkam dated 10.06.1971 does not disclose the thumb impression of late Mepabhai and therefore, it cannot be said that the physical possession was handed over to the ancestors of the respondent Nos. 3 and 4 in the year 1971 and admittedly, as per the Revenue Records, the respondents have been given the possession of the land in question in the year 2018.
4.2. It was therefore submitted that the impugned order passed by the SSRD is required to be quashed and set aside and the order dated 25.11.2019 passed by the Collector in Revision Case No.11 of 2019 is required to be restored whereby cancelling the order dated 05.10.2018 passed by the Mamlatdar to convert Page 11 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined the land in question from new tenure land to old tenure land is quashed and set aside.
5.Having heard the learned Assistant Government Pleader Ms.Hetal Patel for the petitioners, it appears that the respondent Nos.3 and 4 preferred an application on 10.05.2018 relying upon the Government Circular dated 19th February, 2018 stating that though the respondent Nos. 3 and 4 are having the physical possession of the land in question, their names are not mutated in the Revenue Records and not reflected even in the Village Form No.7 and 12. It was therefore prayed that the benefit of the Circular dated 19.02.2018 of the Government be given to the respondent Nos. 3 and 4 and accordingly, by letter dated 15.05.2018, the Mamlatdar directed the Circle Officer and Talati of Village:Lothda to hand over the possession of Page 12 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined the land in question after drawing a Panchnama and accordingly, a Panchnama was drawn on 30th May, 2018 to hand over the possession of the land in question as to record the names of the respondents as legal heirs of Late Merambhai Mepabhai in the Revenue Record and Entry No.2775 to that effect was mutated in the Revenue Records and was certified on 09.07.2018 by the competent authority. Thus, it is apparent that by such procedures, the names of the respondent Nos. 3 and 4 were mutated in the Revenue Record, but the fact remains that though the respondent Nos. 3 and 4 were having the physical possession of the land and were cultivating the land in question, their names were not mutated in the Revenue Record. By the aforesaid procedure, their names were mutated in the Revenue Record. Accordingly, the respondent Nos. 3 and 4 applied for conversion of the land from new tenure land Page 13 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023 NEUTRAL CITATION C/SCA/6903/2023 ORDER DATED: 24/04/2023 undefined to old tenure land on the basis of having the physical possession since 1971. Merely because the Revenue Entry No.2775 is mutated in the Revenue Record in the year 2018 on the basis of the Panchnama drawn on 30th May, 2018 so as to regularize the physical possession of the respondents on record, it cannot be said that the respondents were not having the possession of the land in question since 1971 which is recorded by the SSRD in the impugned order as a finding of fact.
6.Therefore, no interference is required to be made in the impugned order passed by the SSRD whereby, the order dated 25.11.2019 passed by the Collector is quashed. The petition therefore, being devoid of any merit is hereby summarily dismissed. No orders as to cost.
(BHARGAV D. KARIA, J) JYOTI V. JANI Page 14 of 14 Downloaded on : Sun Sep 17 18:48:11 IST 2023