Yogesh Ramavtar Gupta vs State Of Gujarat

                                                                                  NEUTRAL CITATION




     C/SCA/23204/2019                               ORDER DATED: 08/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 23204 of 2019
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                        YOGESH RAMAVTAR GUPTA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
 for the Petitioner(s) No. 1,3
PRITHU PARIMAL(9025) for the Petitioner(s) No. 1,2,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR ASHUTOSH DAVE, AGP for the Respondent(s) No.1
MR. AADIT R SANJANWALA(9918) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,4,5,6,7,8,9
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                             Date : 08/08/2023
                              ORAL ORDER

1. The learned counsel for the petitioner has filed an additional affidavit on behalf of the petitioner which is taken on record.

2. The present Special Civil Application is filed praying for the following reliefs:-

"(A) This Hon'ble Court may be pleased to issue a writ of certiorari and/or writ of mandamus and/or any other appropriate writ, order or direction to quash and set aside the order impugned @ Annexure-A.

(B) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the implementation and execution of the order impugned.

(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to grant exparte ad interim relief in terms of para 9(B).

NEUTRAL CITATION C/SCA/23204/2019 ORDER DATED: 08/08/2023 undefined 9C.1 This Hon'ble Court may be pleased to issue a appropriate writ against the order dated 21.11.2019 to quash and set it aside.

9C.2 Pending final hearing of the present petition, this Hon'ble Court may be pleased to grant ad interim relief in terms of para 9C.

9CA. This Hon'ble Court may be pleased to issue a writ against the notice at ANNEXURE I to quash and set it aside.

9CA2. Pending final hearing of the present petition, this Hon'ble Court may be pleased to grant ad interim relief in terms of Para 9CA1.

D. Any other and further relief/s deem fit, just and proper may kindly be granted by this Hon'ble Court in the interest of justice."

3. The learned counsel for the petitioner submits that the learned Gujarat Revenue Tribunal, by the impugned order dated 21.11.2019, has set aside the permission granted by the Deputy Collector to the petitioner herein for purchase of agricultural land under Section 63 of the Tenancy Act. It is submitted by the learned counsel that by order dated 02.04.2016, the Deputy Collector, City Prant: Surat had permitted the petitioner to purchase the subject land in question. The same was challenged by the respondent Nos.4, 5 and 7 to 22 before the learned Revenue Tribunal. The learned Revenue Tribunal, after adjudicating the matter held that the respondent No.26 Page 2 of 5 Downloaded on : Sun Sep 17 00:37:25 IST 2023 NEUTRAL CITATION C/SCA/23204/2019 ORDER DATED: 08/08/2023 undefined herein Nitin Dhirajlal Patel was not an agriculturist since his mother Arunaben was not holding any agricultural land in question at the time when the transaction in respect of the subject land took place. The learned counsel for the petitioner submits that the learned GRT has erred in recording such a finding. Learned counsel for the petitioner submits that by way of additional affidavit the relevant revenue entries in respect of the land holding of Arunaben has been produced on record. A persual of the same would show that Arunaben was holding agricultural land in her name at District: Amreli on the date the said transaction took place. He, therefore, submits that such a finding as recorded by the learned GRT is erroneous factually, and therefore, needs to be set aside.

4. The learned counsel appearing for the respondent No.4, 5 and 7 to 22 Mr. A.R. Sanjanwala submits and accepts the said revenue entries. Further, he submits that in view of the averments made in the para-5 of the affidavit-in-reply, the said respondents and the petitioners have also entered into a compromise and the petitioners no longer want to prosecute their revision petition which was filed before the learned GRT.

NEUTRAL CITATION C/SCA/23204/2019 ORDER DATED: 08/08/2023 undefined

5. Heard the learned counsel for the parties and perused the documents on record.

6. The learned GRT, in its impugned order has recorded in para-10 of the impugned order that the name of Arunaben Jigarlal Patel is not reflected in the 7/12 extract in respect of the land at Amreli for the revenue Survey No.478 paiki 1, 380/1 paiki 1, 391 paiki 1, 490 paiki 1.

7. Further, the learned Tribunal has, therefore, doubted the status of the respondent No.26 as an agriculturist. The learned Tribunal has on the said basis quashed the permission as granted by the Deputy Collector by order dated 02.04.2016. A perusal of the revenue entry No.14665, dated 12.03.2006 in respect of the aforesaid survey numbers at Amreli as well as the revenue entry No.19316, dated 14.05.2015 and entry No.19811 dated 06.06.2016 goes to show that on the date of the transaction the said Arunaben was very much holding the agricultural lands as mentioned hereinabove.

8. In view thereof, the findings as recorded by the learned Tribunal and thereby quastioning the status of the respondent No.26 as an agriculturist is factually incorrect.

NEUTRAL CITATION C/SCA/23204/2019 ORDER DATED: 08/08/2023 undefined The learned counsel for the respondent also accepts the said position and does not dispute the such revenue entries which are produced on record by way of additional affidavit.

9. In view of the aforesaid observations, the judgment and order dated 21.11.2019 passed by the learned GRT in Revision Case No.96 of 2016 is quashed and set aside. The order dated 02.04.2016 stands restored.

10. The present Special Civil Application stands allowed. No order as to costs.

(ANIRUDDHA P. MAYEE, J.) Manoj Kumar Rai Page 5 of 5 Downloaded on : Sun Sep 17 00:37:25 IST 2023