Gujarat High Court
Jayeshbhai Vastupadbhai Shah vs State Of Gujarat on 11 February, 2025
NEUTRAL CITATION
C/SCA/15240/2019 JUDGMENT DATED: 11/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15240 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
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Approved for Reporting Yes No
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JAYESHBHAI VASTUPADBHAI SHAH & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2
TEJAS K MOTWANI(8499) for the Petitioner(s) No. 1,2
MR MAYANK CHAVDA, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5
NOTICE SERVED BY DS for the Respondent(s) No. 10,9
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 11/02/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned AGP Mr.Mayank Chavda waives service of notice of rule on behalf of responent Nos.1,2,3,4 and 5.
2. This petition is filed challenging an order dated 14.08.2019 passed by respondent No.2- Special Secretary, Revenue Department (Disputes), Gujarat (for short "SSRD") and the order dated 06.06.2019 passed by respondent No.3- Page 1 of 8 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:40 IST 2025 NEUTRAL CITATION C/SCA/15240/2019 JUDGMENT DATED: 11/02/2025 undefined the Collector, Navsari, whereby the respondent authority has cancelled the revenue entry No.1523 dated 10.09.2010 of predecessor for the land in question.
3. Facts in brief, as referred in the petition, are as under:
3.1 The issue pertains in relation to non-agricultural land situated at Khata No.332, New Khata No.484, Block No.44/2, Mouje: Dantej, Taluka: Navsari, District: Navsari (for short "the land in question"). It is case of the petitioners that land in question was originally in name of Dhanuben Manubhai and from Dhanuben Manubhai, it was purchased by Hiteshbhai Vijaybhai and Manishbhai Vijaybhai by registered sale deed dated 06.09.2010. Accordingly, entry was mutated, which is at Annexure ("B Colly" Page-38). Accordingly, block No.44/2, was given to the land in question. Thereafter, original owner, sold the land in question by way of registered sale deed dated 10.07.2017 to one Nency Nehal Gadhi. Revenue entry in this regard was also mutated at Annexure "F" (Page-52).
Thereafter, the petitioners purchased the land in question from Nency Gandhi by registered sale deed dated 05.10.2017 and accordingly, entry was mutated in favour of the petitioners at Annexure "H" (Page-81). Therefore, the petitioners herein are third owners of the land in question in whose favour, the entry has been mutated. Thereafter, the Collector on Page 2 of 8 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:40 IST 2025 NEUTRAL CITATION C/SCA/15240/2019 JUDGMENT DATED: 11/02/2025 undefined 16.11.2018 issued Show Cause Notice at Annexure "I" (Page-
82) under section 108(6) of Land Revenue Rules for cancellation of entry No.1523 dated 10.09.2010, which was in favour of second owner.
3.2 Thereafter, an order dated 06.06.2019 was passed by the Collector, Navsari under section 108(6) of the Land Revenue Rules, cancelling entry No.1523 dated 10.09.2010 on the ground the original owner of the land was not an Agriculturist. In view of cancellation of entry No.1523, consequential entry was also directed to be cancelled.
3.3 Against the order dated 06.06.2019 passed by the Collector, Navsari, the petitioners preferred an application before SSRD and the said application was also rejected by an order dated 14.08.2019 (Annexure "L" Page-103) confirming the order of Collector. Aggrieved by the order of SSRD dated 14.08.2019 and the order of Collector dated 06.06.2019, the present petition is filed.
4. Heard learned advocate Mr.S.P.Majmudar for the petitioners. Learned advocate for the petitioners submitted that from the chronology as referred hereinabove, it is evident that the petitioners are third purchasers of subject land and in their favour the mutation entry is recorded. The petitioners have Page 3 of 8 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:40 IST 2025 NEUTRAL CITATION C/SCA/15240/2019 JUDGMENT DATED: 11/02/2025 undefined purchased the land in question by registered sale deed dated 05.10.2017 and as on date, there is no challenge to the registered sale deed. Moreover, mutation entry in favour of the petitioners dated 27.12.2017 (Annexure "H" Page-81), is also not under challenge.
5. The petitioners being owners of the land in question, preferred an application before SSRD mainly on the ground that suo-moto proceeding initiated by the Collector by issuance of Show Cause Notice dated 16.11.2018 is bad in law because initiation of suo-moto proceeding was done after period of eight years and not within reasonable time. In absence of any challenge to the N.A. order, initiation of suo-moto proceeding is beyond the provisions of law. Moreover, when the petitioners are purchasers of the land in question by registered sale deed and having mutation entry in their favour, revisitation by suo-moto proceeding is also bad in law.
6. Learned advocate Mr.S.P.Majmudar invited attention of this court to the proceeding, which has been initiated pursuant to the order of Collector dated 06.06.2019, wherein inquiry under Section 84(C) of the Gujarat Tenancy and Agricultural Lands Act, 1948, was directed to be done by the Mamlatdar. Pursuant to the direction dated 06.06.2019 by the Collector, Navsari, inquiry was done and report was prepared by the Page 4 of 8 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:40 IST 2025 NEUTRAL CITATION C/SCA/15240/2019 JUDGMENT DATED: 11/02/2025 undefined Mamlatdar and Agricultural Land Tribunal wherein, the authority had decided to drop the proceedings. From the report of inquiry, it is evident that the authority had taken into consideration the order passed by the authority permitting the land to be Non-agricultural land and therefore, erstwhile owner of the land being Agriculturist or otherwise, is of no consequence. Learned advocate on this aspect has submitted that now in view of order of the Mamlatdar and Agricultural Land Tribunal, nothing survive qua the objections in relation to the initiation of suo-moto proceeding and consequential order passed therein and therefore, the present petition deserves to be allowed.
7. On the other hand, learned Assistant Government Pleader Mr.Mayank Chavda for the respondent- State submitted that initiation of proceeding by issuance of Show Cause Notice dated 16.11.2018 was appropriate since upon complaint received, it was required to be ascertained as to whether the erstwhile owner of the land in question was agriculturists or not. Therefore, suo-moto proceeding was initiated and thereafter, an order dated 06.06.2019 was passed.
8. Moreover, the order of Collector dated 06.06.2019 has been confirmed by SSRD and there being no error, no interference is called for. However, he could not dispute the Page 5 of 8 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:40 IST 2025 NEUTRAL CITATION C/SCA/15240/2019 JUDGMENT DATED: 11/02/2025 undefined initiation of inquiry under section 84(C) of the Gujarat Tenancy and Agricultural Lands Act, 1948 and the order dated 26.11.2021 (Page-300) dropping the inquiry on the ground that in view of the land being Non-agricultural land, status of original owner of agriculturist or otherwise, is of non- consequences.
9. Considered the submissions. Upon revisitation of facts, it is noticed that the petitioners herein are third owners of the land in question by registered sale deed dated 05.10.2017 and pursuant to the said registered sale deed, entry of land in question is mutated in their favour by entry No.1945 dated 27.12.2017 at Annexure "H" (Page-81). Moreover, as on date, there is no challenge to the registered sale deed which is in favour of the petitioners. Therefore, ownership of the petitioners on the subject land is not in question. The suo- moto proceeding initiated by the Collector by issuance of Show Cause Notice dated 16.11.2018 refers to earlier entry No.1523 dated 10.09.2010. Pursuant to Show Cause Notice, an order dated 06.06.2019 was passed under Rule 108(6) of Land Revenue Rules, wherein the ground taken for cancellation of entry was in relation to original owner of the land, not having status of Agriculturist. However, it cannot be ignored that so far as NA permission, which was given to the original owners, was not challenged and not in dispute till date.
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10. Moreover, from the order of Collector dated 06.06.2019, it is noticed that inquiry under section 84(C) of the Gujarat Tenancy and Agricultural Lands Act, 1948 was directed to be done by the Mamlatdar and Agricultural Land Tribunal and in response thereto, report dated 26.11.2021 was filed by the Mamlatdar and Agricultural Land Tribunal, Navsari at Annexure "I" (Page-299) wherein, inquiry was ordered to be dropped considering the nature of the land in question being Non-Agricultural land. The order dated 26.11.2021 is also not in dispute.
11. In view of the above, when the inquiry as directed by the Collector under Section 84(C) of the Gujarat Tenancy and Agricultural Lands Act, 1948, has not given any findings against the petitioners, in the opinion of this Court, the order of Collector dated 06.06.2019 would not survive. From the order dated 06.06.2019, it is evident that the entry was cancelled based on inquiry, which was directed to be made under section 84(C) of the Gujarat Tenancy and Agricultural Lands Act, 1948. In view of above, order of the Collector dated 06.06.2019 and order of SSRD dated 14.08.2019 would not survive and the same deserves to be quashed q and set aside.
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12. In view of the above, the present petition is allowed. The order of the Collector dated 06.06.2019 and order of SSRD dated 14.08.2019 are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No order as to costs.
(MAUNA M. BHATT,J) DIPTI PATEL Page 8 of 8 Uploaded by DIPTI PATEL(HC00191) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 21:27:40 IST 2025