Indian Kanoon - Search engine for Indian Law

5.11 Being aggrieved, the petitioners have preferred this petition challenging the order of the SSRD.

6.At the outset, learned advocate Mr. Dhaval Vakil submitted that as the Civil Proceedings by way of Special Civil Suits No. 109 of 2013 and 674 of 2013 are pending between the petitioners and the respondent Nos. 6 to 9, he is not inviting any reasoned order so far as Entry No.8526 is concerned. It was NEUTRAL CITATION C/SCA/14538/2020 JUDGMENT DATED: 28/02/2023 undefined submitted that as the SSRD has held that the outcome of the civil proceedings shall be binding upon the parties and therefore,let the Entry No. 8526 be subject to such outcome of the civil proceedings. 6.1 Learned advocate Mr. Dhaval Vakil submitted that the SSRD was not within its jurisdiction to issue the instructions to initiate proceedings for alleged breach of section 63 of the Act,1948 and to pass order to maintain status quo. It was also submitted that there was no need to remand the matter back to the competent authority with a direction to take action for the alleged breach of the Act,1948.

8.Having heard learned advocates for the respective parties, so far as order of SSRD with regard to Entry No. 8526 which was challenged by the respondents before the SSRD is concerned, the same is confirmed in view of the submissions made by learned advocate Mr. Dhaval Vakil with a clarification that the Entry No. 8526 shall be subject to final outcome of the civil proceedings pending between the petitioners and the respondent Nos. 6 to 9.

10. On perusal of the above provision, it is clear that the powers of the SSRD would be only to call for and examine the record of inquiry of the proceedings of subordinate Revenue Officer for the purpose of satisfying as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer. The powers of the SSRD under section 211 of the Gujarat Land Revenue Code, 1879 cannot be exercised to give directions to the Revenue authority or officer to initiate proceedings under any other law.

11. In view of foregoing reasons, the impugned order passed by the SSRD is required to be modified. The order passed by the SSRD with regard to direction issued to initiate proceedings under the Act,1948 and remand of the matter and maintaining status quo are hereby quashed and set aside and the order NEUTRAL CITATION C/SCA/14538/2020 JUDGMENT DATED: 28/02/2023 undefined passed by the Collector with regard to Entry No. 8526 is restored.