Gujarat High Court
Gamit Vasanjibhai Chotubhai vs State Of Gujarat on 26 March, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/8712/2024 ORDER DATED: 26/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8712 of 2024
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GAMIT VASANJIBHAI CHOTUBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR CHINTAN ADESARA FOR MR HITESH N ACHARYA(2302) for the
Petitioner(s) No. 1
MR NIKUNJ KANARA ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 26/03/2025
ORAL ORDER
1. Heard learned Advocate Mr. Chintan Adesara with learned Advocate Mr. Hitesh Acharya on behalf of the petitioner and learned Assistant Government Pleader Mr. Nikunj Kanara on behalf of respondent- State.
2. By way of this petition the petitioner challenges an order dated 18.10.2023 passed by the Special Secretary Revenue Department (SSRD) in Revision Application No. 52 of 2020 more particularly confirming the order passed by the revenue authorities below including the order of the Collector, Deputy Collector as well as of the Mamlatdar .
3. It is the case of the petitioner that the petitioner was beneficiary of a Will by one Savitaben Rambhai wife of Bhanabhai Lallubhai Rathod and whereas upon the demise of the above named person, the petitioner having made an application to mutate an entry with regard to the Will, the revenue Page 1 of 3 Uploaded by NIRU AMIN(HC00211) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 21:19:06 IST 2025 NEUTRAL CITATION C/SCA/8712/2024 ORDER DATED: 26/03/2025 undefined authorities had inter alia rejected the Will on the ground that the petitioner was not a direct descendant of the testator and also on the ground of the petitioner not having taken permission under Section 73AA of the Gujarat Land Revenue Code.
4. Learned Advocate Mr. Adesara under instructions would submit that the petitioner may not press the present petition more particularly with liberty to file appropriate application before the revenue authorities for permission under Section 73AA more particularly the petitioner, belonging to Schedule Tribe category, there would not be any other objections as such against the transfer of the property to the Will in question. Learned Advocate would request that this Court may inter alia direct the concerned authorities to decide such application without being influenced by any observations made either by the SSRD or all the authorities below.
5. Considering the request, to this Court the following directions would meet with the ends of justice:
[1] The petitioner/testator is at liberty to file an appropriate application for grant of permission under Section 73AA for transfer of the property in question through Will more particularly the petitioner being the beneficiary of Will by the person named hereinabove.
[2] The authority concerned, shall consider such application without being influenced by any observation made by any of the authorities in the present proceedings namely the observations made by the SSRD vide order dated 18.10.2023 in Revision Application Page 2 of 3 Uploaded by NIRU AMIN(HC00211) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 21:19:06 IST 2025 NEUTRAL CITATION C/SCA/8712/2024 ORDER DATED: 26/03/2025 undefined No. MVV.HKP/ST/52/2020, Collector dated 17.01.2020 in RTS/Revision Application/Regi. No/209/2019, Deputy Collector dated 14.03.2019 in RTS /Appeal No. 253 of 2018 as well as Mamlatdar dated 28.08.2018.
6. In view of the above liberty, the present petition is disposed of as withdrawn.
(NIKHIL S. KARIEL,J) NIRU Page 3 of 3 Uploaded by NIRU AMIN(HC00211) on Wed Apr 02 2025 Downloaded on : Wed Apr 02 21:19:06 IST 2025