Gujarat High Court
Bapasaheb Bapubhai Parmar vs State Of Gujarat & on 25 November, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
BAPASAHEB BAPUBHAI PARMAR....Petitioner(s)V/SSTATE OF GUJARAT C/SCA/6931/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 6931 of 2013 ================================================================ BAPASAHEB BAPUBHAI PARMAR....Petitioner(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: MR ASHOK N PARMAR, ADVOCATE for the Petitioner(s) No. 1 MR HARIVADAN MISHRA, ADVOCATE for the Petitioner(s) No. 1 MS KRINA CALLA AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1 - 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 25/11/2013 ORAL ORDER
1 The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India with the following main prayer:
[B] Your Lordships may be pleased to issue a writ of mandamus or certiorari, or any other writ, order or direction, to quash and set aside the order of the Special Secretary dated 14.12.2012 in Revision Application Land/Amd/34/2008 as well as the order of the Collector, Ahmedabad dated 5.3.2008 and direct the Collector, Ahmedabad to initiate the proceedings for regularization of the land as per the Government Resolution dated 8.11.1980 in the interest of justice .
2 That land bearing survey No.13 admeasuring around 7 Acres and 27 Gunthas of village Devalia, Taluka Dandhuka was ordered to be confiscated by the then Prant Officer, Dholka and entry No.69 was certified on 11.03.1953 and against the above entry appeal was preferred after 48 years on 01.03.2001 before the District Collector. That Appeal No.10 of 2001 was decided on 18.03.2002. The District Collector noticed that apart from vesting the land into Government, land was declared to be Goucher land vide order dated 01.01.1956 and accordingly entry No.84 dated 03.03.1956 was recorded. However, the District Collector ordered inquiry under Section 37(2) of the Bombay Land Revenue Code.
That the Mamlatdar upon inquiry noticed that the land being goucher land action is to be taken under Gujarat Panchayat Act, and therefore, it was closed. Again a report was made for regularization of land on the ground that inquiry under Section 37(2) of the Code was held and it was wrongly confiscated and later on identified and declared as gaucher land. That the District Collector by order dated 05.03.2008 held that the land in question was already placed under the head of gaucher land, no regularization of the said land could be ordered. Being aggrieved by the order of the Deputy Collector, the petitioner preferred Revision Application No.34 of 2008 before the Secretary, Revenue Department [Appeals] which came to be rejected by order dated 18.12.2012. The revisional authority on perusal of record and considering all the facts noticed the belated challenge by the petitioner of challenging the order of Collector passed in the year 1953 and restriction imposed pursuant to the direction of the Apex Court and rejected revision application by reasoned order.
3 In the backdrop of factual scenario, arguments canvassed by the learned counsel for the petitioner that the petitioner is entitled for regularization of subject land in view of incorrect recording of entry, initially, and vesting the land into government in the year 1953 and declaring the land as goucher land as illegal, do not require any further consideration in view of the concurrent findings of facts recorded by the respective revenue authorities, including the revisional authority, which passed speaking and reasoned order on perusal of the record. The authorities below have not committed any error much jurisdictional error calling interference of this Court in exercise of jurisdiction under Articles 226 / 227 of the Constitution of India.
In absence of any merit, this petition stands dismissed.
Notice discharged. No costs.
(ANANT S.DAVE, J.) pvv Page 3 of 3