Gujarat High Court
Waghjibhai Dahayabhai Bhoi vs State Of Gujarat on 1 May, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/16883/2020 JUDGMENT DATED: 01/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16883 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 1132 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
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Approved for Reporting Yes No
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WAGHJIBHAI DAHAYABHAI BHOI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JIGAR G GADHAVI(5613) for the Petitioner(s) No. 1.1,1.2,1.3,1.4
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 6
MR NIKUNJ KANARA ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR DASHRATH CHAUHAN(2123) for the Respondent(s) No. 4
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 10,11,5,7,8,9
NOTICE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/05/2025
ORAL JUDGMENT
1. Rule. Heard learned advocate Mr. Jigar G. Gadhavi for petitioner, learned advocate Mr. Jinesh Kapadia, learned advocate Mr. Dashrath Chauhan for respondents and learned AGP Mr. Nikunj Kanara for State authorities, by consent of parties matter is taken up for final hearing.
2. The writ petition being Special Civil Application No. 16883 of 2020 Page 1 of 4 Uploaded by Y.N. VYAS(HC00207) on Fri May 02 2025 Downloaded on : Sat May 03 16:42:11 IST 2025 NEUTRAL CITATION C/SCA/16883/2020 JUDGMENT DATED: 01/05/2025 undefined has been filed, challenging the order passed by the Deputy Collector, Kheda passed in RTS (Appeal) No 445 of 2015 dated 13.04.2018 as well as the order passed by the Special Secretary Revenue Department (Appeal) dated 13.07.2020 and a prayer made for confirmation of the entry No. 7053 dated. 20.01.2016. Whereas Special Civil Application No. 1132 of 2021 came to be filed challenging the aforesaid two orders dated 13.04.2018 and 13.07.2020 and further prayer seeking confirmation of the entry No. 6597 dated 09.02.2012 and its certification on 09.05.2012 for the land bearing 381 (paiki) falling within revenue limits of village Ghodasar, Taluka- Mahemdabad,District- Kheda.
3. The original petitioner of Special Civil Application No. 16883 of 2020 namely Waghjibhai Dhayabhai Bhoi had purchased the land bearing block/survey no. 381(paiki) falling within revenue limits of village Ghodasar, Taluka- Mahemdabad, District- Kheda admeasuring 0-58-68 Hec-Ra-SqMtrs by way of registered sale deed dated 19.01.2016 having paid entire consideration. The said land came to be sold by the respondent Nos. 6 to 11 who are petitioners in Special Civil Application No. 1132 of 2021. Pursuant to the said sale deed, the mutation entry No. 7053 dated 20.01.2016 was made which came to be challenged by respondent No. 4 - Poonambhai Maghabhai Sodha. Since, the original petitioner and respondent no. 6 of Special Civil Application No. 16883 of 2020 had expired, the legal heirs have been brought on record.
4. During the pendency of the present petitions, parties to the proceedings have amicably settled the dispute with respect to land bearing Block/Survey No.381 (Paiki) falling within revenue limits of village Ghodasar, Taluka- Mahemdabad, District- Kheda admeasuring 0-58-68 Page 2 of 4 Uploaded by Y.N. VYAS(HC00207) on Fri May 02 2025 Downloaded on : Sat May 03 16:42:11 IST 2025 NEUTRAL CITATION C/SCA/16883/2020 JUDGMENT DATED: 01/05/2025 undefined Hec-Ra-SqMtrs, with regard to which registered Sale Deed dated 19.01.2016 has been executed. The contesting respondent No. 4 in Special Civil Application No. 16883 of 2020 has filed an affidavit declaring full and final settlement along with a Memorandum of Understanding in vernacular language and it has been declared in the affidavit filed before this Court that the deponent - respondent. No. 4 has no objection if the prayer made in the petition being Special Civil Application No. 16883 of 2020 is allowed and the entry No. 7053 dated 20.01.2016 be confirmed. At this stage, learned AGP Mr. Kanara has submitted that though the dispute appears to be private in nature and settlement being arrived at between the parties, but the same shall not preclude State Government to initiate appropriate proceedings if found in contravention in law.
5. Considering the settlement and affidavit produced on record, mutation entry number 7053 dated 20.01.2016 with respect to the land being Block/Survey No.381 (Paiki) falling within revenue limits of village Ghodasar, Taluka- Mahemdabad, District- Kheda admeasuring 0-58-68 Hec-Ra-Sq. Mtrs. is restored and the order dated 13.07.2020 passed by the Special Secretary Revenue Department (Appeal) and order dated 13.04.2018 passed by the Deputy Collector in so far as cancellation of entry number 7053 is concerned stands quashed and set aside reserving liberty in favour of State Government to initiate appropriate proceedings, if any, in accordance with law. Hence, the petition being Special Civil Application No.16883 of 2020 stands allowed. Rule is made absolute.
6. In view of the above order, Mr. Jinesh Kapadia learned advocate appearing for the petitioners in Special Civil Application No.1132 of 2021, places on record communication dated 30.04.2025 communicated by his Page 3 of 4 Uploaded by Y.N. VYAS(HC00207) on Fri May 02 2025 Downloaded on : Sat May 03 16:42:11 IST 2025 NEUTRAL CITATION C/SCA/16883/2020 JUDGMENT DATED: 01/05/2025 undefined clients for withdrawal of the petition being Special Civil Application No.1132 of 2021 and thereby, learned advocate Mr. Jinesh Kapadia request to withdraw said petition being Special Civil Application No.1132 of 2021, the said petition being Special Civil Application No.1132 of 2021 stands disposed off as withdrawn. Notice is discharged.
(NIKHIL S. KARIEL,J) Y.N. VYAS Page 4 of 4 Uploaded by Y.N. VYAS(HC00207) on Fri May 02 2025 Downloaded on : Sat May 03 16:42:11 IST 2025