Pankajbhai Rajnikant Jani vs State Of Gujarat
2021 Latest Caselaw 17945 Guj

     C/SCA/12080/2021                             JUDGMENT DATED: 01/12/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 12080 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI
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1     Whether Reporters of Local Papers may be allowed              NO
      to see the judgment ?

2     To be referred to the Reporter or not ?                       NO

3     Whether their Lordships wish to see the fair copy             NO
      of the judgment ?

4     Whether this case involves a substantial question             NO
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                        PANKAJBHAI RAJNIKANT JANI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR TRILOK J PATEL(658) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 3
MR JAINIL PARIKH, AGP for the Respondent(s) No. 1,4
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    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 01/12/2021

                             ORAL JUDGMENT

1. Heard learned advocate Mr.Trilok J. Patel for the petitioner and learned Assistant Government Pleader Mr.Jainil Parikh for the respondent State. Since the issue involved in this petition is of very narrow compass, learned advocates for the parties agree to take up the matter and urge the Court to finally decide the matter. Accordingly, with the consensus of learned advocates for

C/SCA/12080/2021 JUDGMENT DATED: 01/12/2021

the parties, matter is being decided finally. Hence, Rule. Learned Assistant Government Pleader Mr.Jainil Parikh waives service of notice of Rule on behalf of Respondent - State authorities.

2. By way of the present petition, the petitioner has prayed for following reliefs:

"(A) To quash and set aside the part of the impugned order dated 27/07/2021 refusing to grant the stay of the further proceeding before the Mamlatdar & ALT, Dabhoi at Annexure-A passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.BA.60 of 2020;

(B) To direct the Gujarat Revenue Tribunal to hear and decide the Revision Application No. TEN.BA.60 of 2020 as expeditiously as possible by staying further proceedings before the lower authority;

(C) To direct the parties to maintain status - quo qua the land as well as the revenue record of the land in question;

(D) Pending admission, hearing and final disposal of this petition, an interim injunction may kindly be granted staying further operation, implementation and execution of the part of impugned order dated 27/07/2021 refusing to grant the stay the further proceeding before the Mamlatdar & ALT, Dabhoi at Annexure-A passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.BA. 60 of 2020;

(E) Pass such other and further orders as may deem fit in the interest of justice."

2.1 It is the case of the petitioner that the land bearing Survey No.1106 of Village: Mandala, Taluka: Dabhoi,

C/SCA/12080/2021 JUDGMENT DATED: 01/12/2021

District:Vadodara was belonging to deceased Respondent No.2 viz. Maganbhai Chhitabhai Patel who bequeathed the land in question in favour of the present petitioner by way of Will dated 07.01.1986. Subsequently, the land was transferred in the name of present petitioner as he obtained probate from the competent Civil Court and name of present petitioner was thereafter mutated in the revenue record.

2.2 In the year 2006, the proceedings under Section 84(c) of the Gujarat Tenancy and Agricultural Lands Act, 1948 ('the Tenancy Act', for short) were initiated by the Mamlatdar and Agricultural Land Tribunal ('Mamlatdar & ALT', for short) who ultimately withdrew the aforesaid proceedings as the notice issued by the Mamlatdar & ALT was withdrawn. However, by exercising powers under Section 76A of the Tenancy Act, the Deputy Collector (Land Reforms) took the order dated 01.07.2009 passed by the Mamlatdar & ALT under Section 84(c) of the Tenancy Act into suo motu Revision Application and quashed the said order passed by the Mamlatdar & ALT, Dabhoi dated 01.07.2009 and remanded the matter back to the Mamlatdar for considering it afresh.

2.3 The aforesaid order passed by the Deputy Collector (Land Reforms), Vadodara was carried further by way of revision by the petitioner by preferring Revision Application No.60 of 2020 before the Gujarat Revenue Tribunal which vide order dated 13.08.2020 admitted the

C/SCA/12080/2021 JUDGMENT DATED: 01/12/2021

Revision Application and thereafter application for stay was heard by the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal vide order dated 29.07.2021 partly allowed the application for stay preferred by the present petitioner and directed the parties to maintain to status quo qua possession as well as record as prevailing on the date of which the order was passed i.e. as on 29.07.2021. However, while passing the aforesaid order, the learned Gujarat Revenue Tribunal directed Mamlatdar, Dabhoi to proceed further with the proceedings of Tenancy Case which was remanded back by the Deputy Collector, Vadodara by exercising powers in suo motu revision application under Section 76A of the Tenancy Act.

3. Heard learned advocate Mr.Trilok J. Patel for the petitioner and learned Assistant Government Pleader Mr.Jainil Parikh for the respondent - State.

4. Learned advocate Mr.Trilok J. Patel for the petitioner submitted that any application / appeal suo motu or preferred by any party under Section 76A of the Tenancy Act shall lie for a period of one year and there are catena of decisions that if the powers exercised under Section 76A after a period of one year, such exercise of powers is not tenable in eye of law. He, therefore, submitted that when the very action of Deputy Collector of exercising powers under Section 76A of the Tenancy Act beyond the period of one year is under challenge before the Gujarat Revenue Tribunal, the learned Gujarat

C/SCA/12080/2021 JUDGMENT DATED: 01/12/2021

Revenue Tribunal was not justified in directing the Mamlatdar, Dabhoi to proceed further with the Tenancy Case which was remanded back by the Deputy Collector vide order dated 05.09.2019 passed by the Deputy Collector, Vadodara. He submitted that permitting the Mamlatdar, Dabhoi to go on with the pending proceedings would result into multiplicity of proceedings and will create unnecessary confusion as on one hand the exercise of powers under Section 76A of the Tenancy Act by the Deputy Collector is under challenge before the Gujarat Revenue Tribunal and without adjudicating the same it would not be proper for the learned Gujarat Revenue Tribunal to permit the Mamlatdar & ALT, Dabhoi to go on with remand proceedings and, therefore, he submitted that order dated 29.07.2021 is required to be modified by quashing and setting aside later part of the order asking the Mamlatdar, Dabhoi to proceed with tenancy proceedings. He, therefore, submitted that proceedings before the Mamlatdar, Dabhoi are required to be stayed till the final disposal of the revision application preferred by the petitioner.

5. Learned Assistant Government Pleader Mr.Jainil Parikh defended the order dated 29.07.2021 passed by the Gujarat Revenue Tribunal which is impugned in this petition and submitted that the order passed by the Gujarat Revenue Tribunal is absolutely just, legal and proper. The Gujarat Revenue Tribunal has taken care the interest of the petitioner while directing the parties to

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maintain status quo qua the possession of land and record in respect of land in question and, therefore, said order is absolutely just, legal and proper and since the revision application preferred by the petitioner is pending before the Gujarat Revenue Tribunal, at this stage, no interference from this Court is required.

6. Considering the facts and circumstances and also considering the fact that after the Deputy Collector (Land Reforms), Vadodara took the order dated 01.07.2009 passed by the Mamlatdar & ALT, Dabhoi into revision and issued show cause notice to the petitioner in the year 2013 i.e. after a period of four years in exercise of powers under Section 76A of the Tenancy Act and when the very action of the Deputy Collector (Land Reforms) of issuing the notice beyond the period of one year is challenged before the Gujarat Revenue Tribunal, the interest of justice would be served if the Mamlatdar & ALT, Dabhoi is restrained from proceeding further with the remand case as per direction issued by the Deputy Collector (Land Reforms) till the final disposal of the revision application pending before the Gujarat Revenue Tribunal being Revision Application No.TEN / BA / 60/ 2020 which is pending before the Gujarat Revenue Tribunal.

7. Accordingly, the present petition is allowed in the terms that the order passed by the Gujarat Revenue Tribunal dated 29.07.2021 in Revision Application No.

C/SCA/12080/2021 JUDGMENT DATED: 01/12/2021

TEN / BA/ 60 / 2020 is hereby modified to the extent that the order directing the Mamlatdar & ALT, Dabhoi to go on further with the remand proceedings in tenancy case is hereby quashed and set aside. Hence, it is directed that the learned Mamlatdar & ALT, Dabhoi shall not go on with the further proceedings pending before the Mamlatdar & ALT, Dabhoi at Annexure-A in relation to Revision Application No.TEN.BA.60 of 2020 pending before the Gujarat Revenue Tribunal till the Gujarat Revenue Tribunal decides the same finally.

8. Rule is made absolute to the aforesaid extent. Direct service permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V.