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SCA/19292/2005 6/ 6 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 19292 of 2005
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
==========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
==========================================
SHAKARAJI
@ KANTIJI MANGAJI THAKOR - Petitioner(s)
Versus
THE
STATE OF GUJRAT & 3 - Respondent(s)
==========================================
Appearance
:
MR
AJ PATEL for
Petitioner(s) : 1,
MR MR MENGDEY, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 - 3.
MR.ALKESH N
SHAH for Respondent(s) :
4,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/09/2005
ORAL
JUDGMENT
Rule.
Shri M.R.Mengdey, learned AGP waives service of Rule on behalf of
Respondent No.1 and Shri A.N.Shah, learned advocate waives service
of Rule on behalf of respondent No.4.
In
this petition under Articles 226 and 227 of the Constitution of
India, the petitioner has challenged the legality and validity of
the judgment and order passed by the Joint Secretary (Appeals),
Revenue Department, State of Gujarat dated 15.7.2005 passed in
Revision Application No.13/2005 in allowing the said Revision
Application and quashing and setting aside the orders passed by the
Prant Officer, Gandhinagar dated 17.6.2004 and the order passed by
the Collector, Gandhinagar dated 13.12.2004 with respect to the
revenue Entry No.4629 with respect to the land in question.
The
dispute is with regard to the revenue Entry No.4629 with respect to
the land bearing Survey Nos. 461, 462/1, 462/2, 474/1 and 474/2
situated at village Jundal, Taluka and District Gandhinagar and by
virtue of the aforesaid revenue entry, the name of respondent No.4
herein was mutated in the revenue record. The said Entry came to be
challenged by the petitioner herein before the Prant Officer,
Gandhinagar and the Prant Officer, Gandhinagar set aside the order
passed by the Circle Officer, Gandhinagar dated 2.3.2001 in
certifying revenue Entry No.4629 and passed an order to prepare the
Entry afresh after considering the Pedhinama of deceased Mangaji
Motiji Thakor and to mutate the names of his heirs. Being aggrieved
and dissatisfied with the order passed by the Prant Officer,
Gandhinagar the respondent No.4 preferred Revision Application
before the Collector, Gandhinagar and the Collector, Gandhinagar by
its order dated 13.12.2004 dismissed the said Revision Application.
Being aggrieved and dissatisfied with the order passed by the
Collector, Gandhinagar dated 13.12.2004 in dismissing the said
Revision Application and confirming the order passed by the Prant
Officer, Gandhinagar dated 17.6.2004 in cancelling revenue Entry
No.4629 the respondent No.4 preferred Revision Application before
the Joint Secretary (Appeals), Revenue Department, State of Gujarat
being Revision Application No. 13/2005 and the Revisional Authority
by its judgment and order dated 15.7.2005 allowed the said Revision
Application and considering the fact that the Civil Suit is already
pending at the instance of the petitioner herein for declaration and
permanent injunction for establishing his rights in the land in
question as heir of deceased Mangaji Motiji Thakor, the Revisional
Authority allowed the said Revision Application quashing and setting
aside the order passed by the Prant Officer, Gandhinagar and the
order passed by the Collector, Gandhinagar dated 17.6.2004 and
13.6.2004 respectively and restoring the revenue Entry No.4629.
Being aggrieved and dissatisfied with the judgment and order
passed by the Joint Secretary (Appeals), Revenue Department, State
of Gujarat dated 15.7.2005 passed in Revision Application
No.13/2005, the petitioner has preferred the present Special Civil
Application under Articles 226 and 227 of the Constitution of India.
Number
of submissions have been made on merits on behalf of the respective
parties. However, it is required to be noted that the dispute is
with regard to the mutation entry in the revenue record and as held
by the Hon’ble Supreme Court in case of Durgadas V/s.
Collector and Others reported in 1996(5) SCC Page-618
as well as in case of Sankalchan Jaychandbhai Patel and others
V/s. Vithalbhai Jaychandbhai Patel and others reported in
1996(6) SCC Page-433 and by this Court in case of Ratilal
Chunilal Solanki & ors. V/s. Shantilal Chunilal
Solanki & ors. reported in 1996(1) GLH Page 816
as well as in case of LRs. of Popat Khima Ramani & Others
V/s. Collector, Rajkot & Others reported in 2003(1)
GLH Page-30 the entries in the revenue record or mutation
entries do not confer any right, title or interest to the property
and it is only an entry for the fiscal purpose of collection of land
revenue and that revenue authority has no jurisdiction to decide the
disputed question of title while considering the RTS proceedings
when there is a dispute with regard to title, parties are required
to be relegated to approach the Civil Court for establishing their
rights and in the present case, the petitioner has already filed
Regular Civil Suit No.353 of 1993 in the Court of Civil Judge
(J.D.), Gandhinagar for establishing his rights as heir of deceased
Mangaji Motiji Thakor and therefore, necessary entry can be modified
and/or made on the basis of the judgment and order that may be
passed by the Civil Court (J.D.), Gandhinagar in Regular Civil Suit
No.353/93 and therefore, it is observed that merely on the basis of
the revenue Entry No.4629 in favour of the respondent No.4, she will
not be having any right in the land in question as the Entry in the
revenue record is only for fiscal purpose for the purpose of
collecting the revenue and to show the prima-facie possession and
admittedly the respondent No.4 is in possession of the land in
question, however, in the revenue record an additional entry can be
made that the Entry in question is subject to the ultimate outcome
of the judgment and order that may be passed by the Civil Court
(J.D.), Gandhinagar in Regular Civil Suit No.353/93.
Accordingly,
the present Special Civil Application is dismissed however, the
revenue authority is directed to make an additional entry in the
revenue record that the aforesaid Entry No. 4629 is subject to the
ultimate outcome of Regular Civil Suit No.353/93 pending in the
Court of Civil Judge (J.D.), Gandhinagar and that necessary entry
will be made on the basis of the judgment and decree that may be
passed by the Civil Court (J.D.), Gandhinagar in the aforesaid Civil
Suit.
With
these observations and direction, the present Special Civil
Application is dismissed. Rule is discharged however, there will be
no order as to costs.
(M.R.Shah,
J.)
kdc.
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