SCA/8332/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8332 of 2008 ========================================================= DINYAR ERACH NALLADARU - Petitioner(s) Versus STATE OF GUJARAT & 5 - Respondent(s) ========================================================= Appearance : PARTY-IN-PERSON for Petitioner(s) : 1, MR HUKUM SINGH ASST GOVERNMENT PLEADER for Respondent(s) : 1 - 5. NOTICE SERVED for Respondent(s) : 1 - 2,4 - 6. NOTICE NOT RECD BACK for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 27/08/2008 ORAL ORDER
The
petitioner has challenged the order dated 22.04.2008 passed by the
Secretary (Appeals), Revenue Department, Government of Gujarat, by
which, revision application of the petitioner came to be dismissed.
The order passed by the Collector on 03.04.1996 came to be confirmed.
The
issue pertains to the entry in the revenue record. One Shri Viraf
Erach Nalladaru @ Daruwala claimed to have received by way of gift.
The petitioner, however, disputes the gift deed as well as the
authority of the petitioner to make such a gift. The revenue
authority, however, found that while deciding the question of entry,
such challenge cannot be examined. It was also found that the
petitioner has already instituted a civil suit being Regular Civil
Suit No.1237 of 1993 before the Civil Court which is pending. Entry
in the record was, therefore, made subject to the outcome of the
suit. I see no reason to interfere.
The
petitioner who appeared in person stated that after initially getting
some interim relief in his favour, Civil Court later on vacated the
injunction. In that view of the matter and in view of the
observations of the authority that ultimate result in the civil suit
will govern the entry, I do not find it appropriate to entertain this
petition. The revenue entries primarily decide fiscal issues and not
substantive rights of the parties. Under the circumstances, no case
is made out. Reliance of the petitioner on the decision of the Apex
Court in the case of Dorab Cawasji Warden v. Coomi Sorab Warden
reported in AIR 1990 SC 867 and that of Princess Fatima Fouzia vs.
Walashan Prince Moazzam Jah Bahadur reported in AIR 1980 Andhra
Pradesh 315 would not change the situation.
In
the result, the petition fails and the same is hereby dismissed.
(
Akil Kureshi, J. )
kailash