Sirajmiya Kalumiya Shaikh vs State Of Gujarat on 29 March, 2023

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Gujarat High Court

Sirajmiya Kalumiya Shaikh vs State Of Gujarat on 29 March, 2023

Bench: Bhargav D. Karia

    C/SCA/12157/2020                                      ORDER DATED: 29/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 12157 of 2020

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                         SIRAJMIYA KALUMIYA SHAIKH
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR. AADIT R SANJANWALA(9918) for the Petitioner(s) No. 1
for the Respondent(s) No. 5
DELETED for the Respondent(s) No. 10,11,12,6,7,8,9
MR KRUTIK PARIKH, AGP for the Respondent(s) No. 1
MR DHAIRYAWAN D BHATT(11817) for the Respondent(s) No. 5.1,5.2,5.3
MR NK MAJMUDAR(430) for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                 Date : 29/03/2023

                                  ORAL ORDER

1. Heard learned Senior Advocate Mr.Rashesh Sanjanwala with learned advocate Mr.Aadit R. Sanjanwala for the petitioner and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent no.1.

2. Learned Senior Advocate Mr.Sanjanwala invited attention of this Court to the additional affidavit filed on behalf of the petitioner which reads as under:-

"1. This petition emanates from proceedings initiated under section 70(a) of the Gujarat Tenancy & Page 1 of 4 Downloaded on : Fri Mar 31 20:43:14 IST 2023 C/SCA/12157/2020 ORDER DATED: 29/03/2023 Agricultural Lands Act, 1948 (the Tenancy Act) to determine the agriculturist status of Respondent no. 3 (who is the predecessor in title of the petitioner). The petitioner purchased the land from Respondent no. 3 vide sale deed dt. 25.04.2006.

2. The petitioner is an agriculturist and was thus legally entitled to purchase this land. in the interregnum, the Mamlatdar, Mangrol has vide his order dt 14.06.2017 ordered to accept 10% premium under section 63AB of the Tenancy Act aggregating to Rs.1,25,455/-, which was duly paid by the petitioner.

3. By virtue of the aforesaid order dt. 14.07.2016 under section 63AB, the last transaction in favour of the petitioner stands validated, irrespective of whether the purchase by Respondent no. 3 (who is the predecessor in title of the petitioner) was valid or not. As on the date on which the impugned order was passed and even on date, Mutation Entry 4025 dt. 31.12.2008 of the sale deed in favour of the petitioner dt. 25.04.2006 as well as the order passed under section 63AB continue to operate. Consequently, the order of the Deputy Collector dt. May 2012 (pg 81 of the petition) in so far as it sets aside the order of the Mamlatdar dt. 14.07.2008 and the Mutation Entry 981 dt.

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C/SCA/12157/2020 ORDER DATED: 29/03/2023

03.05.1968 cannot and does not in any manner disturb rights of the petitioner based on the sale deed, Mutation Entry 4025 and order under section 63AB in his favour. There remains no cause for the petitioner to challenge the order passed by the Deputy Collector, Mandvi Prant in Tenancy Appeal No. 4 of 2011.

4. In view thereof, the petitioner may be permitted to withdraw Revision Application no. TEN/BS/36/2012 filed before Gujarat Revenue Tribunal, subject to the clarification that the order of the Deputy Collector dt. May 2012 (pg.

81) will not in any manner affect the petitioner's right under the sale deed dt. 25.04.2006, Mutation Entry 4025 dt. 31.12.2008 and the order dt. 14.06.2017 under section 63AB of the Tenancy Act."

3. It was submitted that as the petitioner has already availed the benefit of provisions of Section 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948 (for short 'the Act') by payment of 10% premium aggregating to Re.1,25,455/- and in view of the aforesaid affidavit filed by the petitioner the Revision Application filed before the Special Secretary Revenue Department (Appeals) (for short 'the SSRD') is required to be withdrawn as the provision of Section 63AB of the Act has been applied taking into consideration Page 3 of 4 Downloaded on : Fri Mar 31 20:43:14 IST 2023 C/SCA/12157/2020 ORDER DATED: 29/03/2023 the vendor of the land in question to be a non-agriculturist.

4. It was further prayed that in view of the withdrawal of the Revision Application before the Gujarat Revenue Tribunal, the order of the Deputy Collector will not in any manner affect the right of the petitioner under the sale deed dated 25.04.2006 as the petitioner has already availed the benefit of Section 63AB of the Act.

5. Considering the above submissions, the petitioner is permitted to withdraw the Revision Application No.TEN/BS/36/2012 filed before the Gujarat Revenue Tribunal in view of option to make payment of 10% premium under Section 63AB of the Act aggregating to Re.1,25,455/ with a clarification that the order passed by the Deputy Collector in the month of May 2012 will not in any manner affect the right of the petitioner which the petitioner has acquired pursuant to the sale deed dated 25.04.2006, in view of the provisions of Section 63 AB of the Act.

The petition is accordingly disposed of. Notice is discharged.

(BHARGAV D. KARIA, J) URIL RANA Page 4 of 4 Downloaded on : Fri Mar 31 20:43:14 IST 2023

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