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SCA/10117/1999 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10117 of 1999
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 ?
======================================
KANTIBHAI
LALLUBHAI PATEL & 1 - Petitioners
Versus
SECRETARY
3RD SPECIAL LAND ACQUISITION - Respondent
======================================
Appearance :
MR
RAJESH K SHAH for the Petitioners.
MR PRANAV DAVE, AGP for the
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/03/2011
ORAL
JUDGMENT
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioners, who are alleged to be claiming the right
on the land in question on the basis of Will dated 17/03/1988
executed by original land owner – Shantaben Kunvarjibhai Patel, for
an appropriate writ, order and/or direction, quashing and setting
aside the order dated 09/04/1989 passed by Mamlatdar, Choryashi by
cancelling mutation entry No.2001; the order dated 10/12/1991 passed
by Deputy Collector, Choryashi in Remand Case No.57/1991; the order
dated 26/02/1993 passed by Collector, Surat in RTS Revision
Application No.118/1992 as well as impugned order dated 01/04/1999
passed by learned Additional Chief Secretary (Appeals), Revenue
Department, State of Gujarat in Revision Application No.40/1993.
2. Having
heard Mr.Rajesh Shah, learned advocate appearing on behalf of the
petitioners and Mr.Pranav Dave, learned Assistant Government Pleader
appearing on behalf of the respondent and considering the impugned
orders, it appears that the dispute is with respect to mutation entry
No.2001. The respective petitioners tried to mutate their names on
the basis of the Will executed by original land owner – Shantaben
Kuvanji Patel. However, considering the fact that respective
petitioners could not produce on record any documents to show that at
the relevant time when the Will was executed, they were agriculturist
and even otherwise considering the fact that transfer by Will is not
permissible, the Mamlatdar, Choryashi passed an order to cancel the
aforesaid mutation entry No.2001, which came to be confirmed by
Deputy Collector, Choryashi vide order dated 10/12/1991, which
further came to be confirmed by the Collector, Surat vide order dated
26/02/1993 as well as order dated 01/04/1999 passed by Additional
Chief Secretary (Appeals), Revenue Department, State of Gujarat in
Revision Application No.40/1993.
3. Apart
from the fact that there are concurrent findings of facts given by
all authorities below, as the dispute is with respect to mutation
entry as well as considering the decision of Division Bench of this
Court in the case of Rajenbhai Baldevbhai Shah V/s. Baijiben
Kabhaibhai Patanvadia & Ors. reported in 2009(2) GLR 1784,
it cannot be said that all the authorities below have committed an
error in cancelling the aforesaid mutation entry. No illegality has
been committed by the Mamlatdar, Choryashi in cancelling the
aforesaid mutation entry. Even otherwise, it also appears that the
land in question was tried to be bequeathed / transferred under the
guise of Will in favour of the petitioners. So far as respondent No.2
is concerned, who is from Village:Nalwa, Taluka: Nandarbar, District:
Maharashtra, it appears that an attempt was made by petitioner No.2
to purchase agricultural land in the State of Gujarat in breach of
provisions of the Bombay Tenancy & Agricultural Lands Act.
4. In
view of the above, there is no substance in the present petition,
which deserves to be dismissed and is accordingly dismissed. Rule is
discharged. Ad-interim relief granted earlier, if any, stands vacated
forthwith. No costs.
[M.R.SHAH,J]
*dipti
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