Gujarat High Court
Jigenbhai Harshvardan Shah vs The State Of Gujarat on 8 May, 2025
NEUTRAL CITATION
C/SCA/19823/2023 ORDER DATED: 08/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19823 of 2023
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JIGENBHAI HARSHVARDAN SHAH & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR SHALIN MEHTA, LD.SENIOR COUNSEL WITH MR PREMAL S
RACHH(3297) for the Petitioner(s) No. 1,2,3,4,5
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 8
DS AFF.NOT FILED (N) for the Respondent(s) No. 1
MR ASIT B JOSHI(2567) for the Respondent(s) No. 5
MR DHRUV M PAREKH(12293) for the Respondent(s) No. 8.1,8.2,8.3
MR MA PAREKH(1088) for the Respondent(s) No. 8.1,8.2,8.3
MR HRIDAY BUCH, LD.ADVOCATE WITH MR. HARDEEP L MAHIDA(7112)
for the Respondent(s) No. 6,7.1,7.3,7.4,7.5
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,7,7.2,9
PARESHKUMAR P SHAH(8586) for the Respondent(s) No. 6,7.1,7.3,7.4,7.5
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 08/05/2025
ORAL ORDER
1. This petition is filed seeking to quash and set aside the order dated 25.04.2008 (Annexure "A") passed by Gujarat Revenue Tribunal in Revision Application No.Ten / BA / 786 of 1991, as also mutation of revenue entry No.2468 dated 26.01.2023 (Annexure "B').
2. Heard learned advocates for the respective parties.
3. Learned Senior Advocate Mr.Shalin Mehta assisted by learned advocate Mr.Premal Rachh for the petitioners Page 1 of 5 Uploaded by DIPTI PATEL(HC00191) on Fri May 09 2025 Downloaded on : Sat May 10 19:10:12 IST 2025 NEUTRAL CITATION C/SCA/19823/2023 ORDER DATED: 08/05/2025 undefined submitted as under :
"(1) It is submitted that above referred petition is filed by petitioners /registered owners challenging the impugned order dtd. 25.04.2008 passed by Gujarat Revenue Tribunal in Revision Application No.Ten / BA / 786 of 1991 in respect of land bearing Block No.192 (new Block No.178) admeasuring 2A- 24G (10521 sq. Mtr.) situated at Village: Unali, Taluka : Kalol, Dist:
Gandhinagar (herein after referred to as 'Subject Land').
(2) That respondent Nos.4 and 5 herein were declared as protected tenants of the Subject Land vide order dtd.
14.03.1983 passed by Mamlatdar ALT, Kalol. Thereafter, vide order dtd. 11.06.1990 proceedings u/s. 320 of the Gujarat Tenancy & Agricultural Lands Act was dropped, which was challenged by respondent Nos.4 & 5 herein in Appeal before Dy. Collector, and Appeal was also dismissed vide order dtd. 15.07.1991. Subsequently, Revision No. Ten/BA/786 of 1991 was preferred by respondent Nos. 4 and 5 before Gujarat Revenue Tribunal, which came to be allowed by Gujarat Revenue Tribunal vide order dtd. 25.04.2008. After a period of 15 years, revenue entry No.2468 dtd. 26.01.2023 came to be mutated in favour of respondent Nos.4 and 5 recording the order dtd. 25.04.2008 passed by Gujarat Revenue Tribunal.
(3) Meanwhile, Ori. Land owners respondent Nos. 6 & 7 sold the Subject land vide registered sale deed dtd. 01.09.2006 to respondent No.9 herein and revenue entry No.1817 was mutated and certified in favour of respondent No.9 herein. Subsequently, respondent No. 9, vide registered sale deed dtd. 03.04.2010, sold the Subject Land in favour of the petitioners and since then petitioners are in lawful ownership and possession of Page 2 of 5 Uploaded by DIPTI PATEL(HC00191) on Fri May 09 2025 Downloaded on : Sat May 10 19:10:12 IST 2025 NEUTRAL CITATION C/SCA/19823/2023 ORDER DATED: 08/05/2025 undefined subject land. It is undisputed fact that respondent Nos.4 and 5 have not challenged any of the aforesaid registered sale deeds executed either in favour of respondent No.9 or in favour of petitioners herein.
(4) Thus, facts remains that Gujarat Revenue Tribunal passed an order dtd. 25.04.2008 in favour of respondent Nos.4 and 5 for which revenue entry No.2468 is mutated only on 26.01.2023 in favour of respondent Nos.4 and 5, whereas, petitioners are the bonafide purchasers and lawful owners of the Subject land vide registered sale deed dtd. 03.04.2010 which is not challenged by respondent Nos. 4 and 5.
(5) In view of the above facts, petitioners preferred the present Special Civil Application challenging the impugned order dtd. 28.04.2008 and resultant revenue entry No.2468 dtd. 26.01.2023. Considering the facts and circumstances on record, this Hon'ble Court vide order dtd. 29.01.2024 was pleased to issue notice and direct the Respondents to maintain status quo in respect of subject land.
(6) That during pendency of the Special Civil Application, respondent No.5 himself and as a legal heir of respondent No.4 in whose favour impugned order of GRT was passed, has amicably settled the dispute out of court by mutual understanding with the petitioners and agreed to the quashing and setting aside of the impugned order passed in their favour. Accordingly, Respondent No.5 himself and as a legal heir of Respondent No.4 has filed an affidavit dtd. 24.12.2024 (Pg.166) before this Hon'ble Court stating that he has no objection if the impugned order is quash and set aside.
(7) Thereafter, legal heirs of Respondent No.8 i.e. 8/1 to 8/3 have also filed an affidavit dtd. 06.03.2025 (Pg.
Page 3 of 5 Uploaded by DIPTI PATEL(HC00191) on Fri May 09 2025 Downloaded on : Sat May 10 19:10:12 IST 2025NEUTRAL CITATION C/SCA/19823/2023 ORDER DATED: 08/05/2025 undefined
170) clarifying that name of father of deceased Respondent No.8 is "Jeraji" and not "Jivaji."
Further, Respondent No.8/1 to 8/3 also filed an affidavit dtd. 26.03.2025 (Pg. 172) inter-alia stating that undisputedly Respondent No.8 during his life time and thereafter, Respondent No.8/1 to 8/3 being the legal heirs of the deceased Respondent No.8, have neither challenged any of the aforesaid order passed by revenue authorities nor challenged registered sale deed executed in favour of Respondent No.9 or subsequently, in favour of petitioners herein. It is further stated in the affidavit that facts remains that deceased Respondent No.8 and his legal heirs i.e. 8/1 to 8/3 at no point of time were in possession of the subject land and have no rights, title and interest in the subject land. In view of above fact Respondent Nos.8/1 to 8/3 have no objection if the impugned order is quashed and set aside and relief is granted in favour of petitioners.
4. On the other hand, learned advocate Mr.Hriday Buch for respondent Nos.6, 7.1 to 7.5 submitted as under :
"(1) That the Respondent Nos.6 & 7.1 to 7.5 welcome the statement made by Ld. Advocate appearing for Respondent Nos.4 and 5 as stated in Affidavit (Pg. 166) of Respondent Nos.4 and 5 that they do not claim any tenancy rights over the subject land bearing Block No.192 (new Block No.178) admeasuring 2A-24G (10521 sq. Mtr.) situated at Village: Unali, Taluka : Kalol, Dist:
Gandhinagar.
(2) However, Respondent Nos.6 & 7.1 to 7.5 apprehend that disposal of the present petition would affect their rights in pending First Appeal No.3811 of 2019 filed by them challenging the judgment and order dtd. 08.04.2019 passed in Special Civil Suit No.84 of 2010 thereby, Page 4 of 5 Uploaded by DIPTI PATEL(HC00191) on Fri May 09 2025 Downloaded on : Sat May 10 19:10:12 IST 2025 NEUTRAL CITATION C/SCA/19823/2023 ORDER DATED: 08/05/2025 undefined dismissing the suit filed by Respondent Nos.6 & 7.1 to 7.5.
Hence, quashing and setting aside of the impugned order passed by GRT may be without prejudice to the rights and contentions of both the parties in pending First Appeal No.3811 of 2019.
It may also be clarified that disposal of this petition may not affect the rights and contentions of Respondent no.6 & 7.1 to 7.5, in respect of any other parcel of land."
6. Considering the aforesaid facts and circumstances of the case, following order is passed:
"The impugned order dtd. 25.04.2008 passed by GRT in Ten / BA / 786 of 1991 in respect of subject land bearing Block No.192 (new Block No.178) admeasuring 2A - 24G (10521 sq. Mtr.) situated at Village: Unali, Taluka: Kalol, Dist: Gandhinagar and resultant revenue entry No.2468 dtd. 26.01.2023 is hereby quashed and set aside.
It is made clear that disposal of this petition may not affect the rights and contentions of both the parties in pending First Appeal."
7. With the above directions, this petition stands disposed of.
(MAUNA M. BHATT,J) DIPTI PATEL Page 5 of 5 Uploaded by DIPTI PATEL(HC00191) on Fri May 09 2025 Downloaded on : Sat May 10 19:10:12 IST 2025