Merabhai Laxmanbhai Bharvad vs State Of Gujarat
2021 Latest Caselaw 12249 Guj

    C/SCA/10726/2021                                   ORDER DATED: 24/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 10726 of 2021
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                       MERABHAI LAXMANBHAI BHARVAD
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5,6
MS. NISHA THAKORE, AGP 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 interalia with prayer as under:

"(A) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 20­03­2021 passed by the learned GRT and further be pleased to dispose of the Revision Application No.48/2019 by declaring it as infructuous in view of the judgment rendered by the learned Single Judge in Special Civil Application No.9086/2017 dated 10­09­2018 which is confirmed vide order dated 09­01­2020 in Letters Patent Appeal No.445 of 2019 and confirmed by the Hon'ble Apex Court vide order dated 05­02­2021 in SLP No.8981 of 2020."

2. The petitioner has also made alternative prayer, which reads as under:

"(B) Alternatively, to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated dated 20­03­2021 passed by the learned GRT and further be pleased to direct the GRT to fix Revision Application No.48/2019 for hearing and to dispose of the same within period of four weeks in view of the judgment rendered by learned Single Judge in Special Civil Application No.9086/2017 dated 10­09­2018 which is confirmed vied order dated 09­01­2020 in Letters Patent Appeal No.445 of 2019 and conformed by the Hon'ble Apex Court vide order dated 05­02­2021 in SLP No.8981 of

C/SCA/10726/2021 ORDER DATED: 24/08/2021

2020 and in the meanwhile further be pleased to quash and set aside the order dated 15­10­2019 passed by the learned GRT and thereby further be pleased to vacate the interim relief;"

3. At the outset, learned Advocate for the petitioner submitted that the issue which is before the Gujarat Revenue Tribunal (GRT) is squarely covered by the decision of the Division Bench of this Court and confirmed by the Apex Court. Therefore, the petition can be disposed of with short direction to Revisional Authority to consider the Revision Application of the petitioner before the Gujarat Revenue Tribunal expeditiously.

4. Against this, learned AGP states under instruction that presently Revision Applications of the year 2008/2018 are being conducted and seriatim the matters are being taken up. Moreover, on identical issues, there are 12 Revision Applications which are filed and pending simultaneously and as the exercise of revisional powers will involve calling for and examining record and proceedings. The time if any, fixed by the Court may be reasonable so as to enable the Tribunal to undertake aforesaid exercise.

5. Having considered the rival submissions of the parties and having perused the documents on record, it appears that the matter pertains to Old Survey No. 27 (New Survey No.108 of Village­Chhatrisa), which was originally owned by one Ambalal Patel­ respondent No.4 and was sold by Registered Deed to one Dhartivarsha Farms Pvt. Ltd. The Revenue Entry in this connection was mutated vide Entry No.331 on 18­ 12­2009, when the same came to be certified.

6. Dhartivarsha Farms Pvt. Ltd. executed registered Sale­deed on 07­01­ 2011 in favour of the petitioner and Entry in this connection being No.427 was mutated on 23­05­2011.

7. In view of Section­63­AB of the Tenancy Act, premium at the rate of 10% of Jantri Value was paid by the purchaser to regularize the sale transaction as Dhartivarsha Farms Pvt. Ltd. was not agriculturist. Once

C/SCA/10726/2021 ORDER DATED: 24/08/2021

the petitioner being a last purchaser, was also agriculturist, the Mamlatdar and ALT passed an order dated 17­03­2016 to regularize the transaction.

8. The aforesaid order was the subject matter of challenge by the respondent No.4 before the Deputy Collector. However, an Appeal came to be dismissed by order dated 01­09­2016. After lapse of about 2 years and 7 months, the State has filed Revision Application before the GRT through Mamlatdar, Talod. The main contention was regard to the Seller (Dhartivarsha Farms Pvt. Ltd.) to the petitioner was not agriculturist and therefore, transaction is to be declared as invalid in view of the Circular dated 17­02­2017.

9. It appears that aforesaid Circular was the subject matter of challenge before this Court and Common Oral Judgment passed in Special Civil Application No.9086 of 2017 and cognate matters in case of SHASHIKANT VASUDEVBHAI PATEL Versus STATE OF GUJARAT. Said Circular was declared to be in ultra vires. Such order was confirmed by the Division Bench in Letters Patent Appeal No.304 of 2019 and the allied matters by CAV Judgment dated 09­01­2020. The issue before the GRT is pertaining to the issues which have been decided by this Court in aforementioned decision.

10.In view of the aforesaid and as submitted by the petitioner with the pendancy of the Revision Application before the GRT was in impediment, the Court deems it fit to direct the GRT to undertake hearing of the Revision Application No.48 of 2019 as expeditiously as possible preferably within a period of six months.

11.In view of the aforesaid, the petition stands disposed of accordingly.

Direct service is permitted.

(A.Y. KOGJE, J) PARESH SOMPURA