Gujarat High Court
Jamubhai Shivabhai Patel vs State Of Gujarat on 24 August, 2021
Bench: A.Y. Kogje
C/SCA/10916/2021 ORDER DATED: 24/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10916 of 2021
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JAMUBHAI SHIVABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR AMIT K DAVE(5860) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2
MR. BHARAT VYAS, AGP, (99) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 24/08/2021
ORAL ORDER
[1] This petition under Article 226 of the Constitution of India is
filed by the petitioners, inter alia, for following prayers:-
"7(A) This Hon'ble Court may be pleased to admit and allow
this petition.
(B) This Hon'ble Court may be pleased to set aside the
order dated 05/02/2021 passed by the Collector, Surat in
the RTS Revision Application No.210 of 2020, order dated
16/03/2020 passed by Deputy Collector, Olpad in case no.7
of 2020 and Entry no.3824 dated 18/03/202 at Annexure-
A."
[2] At the outset, learned advocate for the petitioners submitted
that this Court in a separate group of petitions being Special Civil
Application No.7482 of 2021 and allied matters, an order passed on
22.07.2021, wherein the directions were issued to revenue
authorities to dispose of the pending applications of these
petitioners expeditiously.
[3] Learned advocate for the petitioners submit that the
petitioners have to face two round of litigations. The first litigation
which had reached the stage of Gujarat Revenue Tribunal was in
C/SCA/10916/2021 ORDER DATED: 24/08/2021
favour of the petitioners and which has attained finality as nobody
else including the objectors in the present proceedings have not
challenged the outcome of that proceedings. However,
subsequently the fresh proceedings were taken and were decided by
the Collector against the petitioners and hence, petitioners have to
file Revision Application before the Collector alongwith the stay
application which is still pending.
[4] Today, under the instructions, learned AGP states that, on
account of the pandemic situation, there is a backlog which is
sought to be cleared systematically and taking up the matters as
per its seniority. It is also conveyed that out of the 3(three) Courts
only 2(two) Courts are functional at the moment. Still attempts are
being made so that the hearing can take place with due priority to
the old matters and as on date, the benches are able to deal with
the applications filed under various jurisdiction of the Year 2019-
2020.
[5] Having considered the aforesaid, it appears that the issue
pertains to land survey No.93, Block No.315 of Village Pardi
Jhankhari, Taluka: Olpad. With regards to survey number, Tenancy
Case No.02 of 1985 was finalized by judgment and order dated
07.11.1988 by Additional Mamlatdar and ALT. Thereafter, entry
No.2111 which was certified by the Mamlatdar, Oplad, names of the
petitioners were mutated as tenants. This was after the proceedings
of RTS being Dispute Case No.01 of 1989. The original owner had
filed RTS Case No.47 of 1989 against the aforesaid order before the
Deputy Collector and the Deputy Collector confirmed an order of
mutation in favour of the petitioners vide its order dated
15.01.1990. The appeal before the Collector was also decided in
favour of the petitioners when the Collector vide its order dated
08.01.1991 confirmed the order of the Mamlatdar as well as the
C/SCA/10916/2021 ORDER DATED: 24/08/2021
Deputy Collector. In this connection, the original owner preferred
Revision Application No.244 of 1989 before the Gujarat Revenue
Tribunal. The said Revision Application was also dismissed by the
Gujarat Revenue Tribunal vide order dated 04.08.1994. Pursuant
thereto, an order dated 05.09.1995 came to be passed in Tenancy
Case No.20 of 1995 and the certificate under Section 32M of the
Tenancy Act came to be issued by the Mamlatdar, Olpad in favour of
the petitioners.
[6] It is after this long drawn proceedings, an another legal heir
filed an applications dated 21.09.2019 and 07.10.2019 before the
Mamlatdar for getting the names in the record of right as legal heir
of Shivabhai. The application came to be rejected by the Mamlatdar
by order dated 20.01.2020 which came to be challenged before the
Deputy Collector by preferring an Appeal No. 07 of 2020. The
Deputy Collector allowed the application and quashed the order of
the Mamlatdar dated 16.3.2020. Against which, the RTS Revision
Application No.210 of 2020 was filed before the Collector, Surat
which came to be rejected by an order dated 05.02.2021.
[7] In view of the aforesaid chronology of events, wherein the
petitioners have now challenged the order of the Collector dated
05.02.2021 by preferring RTS Appeal No.HKP/SRT/69/2021 which
was filed way back on 12.03.2021 alongwith the stay application.
However, the same has not been dealt with as a result of which the
title of the petitioners in so far as the revenue record is concerned,
is under cloud. Considering the directions issued by this Court in
order dated 22.07.2021 and considering the facts of the present
case, the Court deems it fit to dispose of this petition by directing
expeditious disposal of the proceedings pending before the SSRD.
C/SCA/10916/2021 ORDER DATED: 24/08/2021
[8] Learned advocate for the petitioners, however, submits that
the case filed by the petitioners in their respective jurisdictions is
fresh case and at least their case deserve some meaningful hearing
so that the parties are able to ascertain their position and decide
upon further course of action, as such cases involves huge interest.
[9] However, with due regard to the grievance of the petitioners,
it would be appropriate to dispose of this petition by directing that
the concerned respondent-authority shall accord some priority to
the fresh matters in the respective jurisdiction and while doing so,
may afford an opportunity by giving meaningful hearing to the
present petitioners. The fresh matters be taken up in seriatim as per
the seniority in filing before the authority and endevour be made to
attend these freshly filed and pending matters as on date within a
period of 8(eight) weeks.
[10] With aforesaid, the petition stands disposed of.
(A.Y. KOGJE, J)
SIDDHARTH
