Jayvantsinh Jathuba Deceased By ... vs State Of Gujarat
2021 Latest Caselaw 1657 Guj

          C/LPA/1914/2007                                      JUDGMENTDT. 04/02/2021
         INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT


                   IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

1.             CIVILAPPLICATION(FORCONDONATIONOF DELAY) NO. 4 of 2018
                                      In
                    R/LETTERSPATENTAPPEALNO. 1914of 2007
                                     With
2.             MISC.CIVILAPPLICATION(FORRESTORATION) NO. 1 of 2018
                                      In
                    R/LETTERSPATENTAPPEALNO. 1914of 2007
                                     With
3.                    MISC.CIVILAPPLICATIONNO. 1 of 2008
                                      In
                    R/LETTERSPATENTAPPEALNO. 1914of 2007
                                      In
                  R/SPECIALCIVILAPPLICATIONNO. 11990of 1994


FORAPPROVALANDSIGNATURE:

HONOURABLEDR. JUSTICEVINEETKOTHARI

and

HONOURABLEMS. JUSTICEGITAGOPI

==============================================================================

1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

==============================================================================
            JAYVANTSINHJATHUBADECEASEDBY HIS HEIRS& 2 other(s)
                                Versus
                       STATEOF GUJARAT& 3 other(s)
==============================================================================
Appearance:
MRSHALINN. MEHTA,SR. ADVOCATEWITHMR. VIMALA. PUROHITfor the Appellant(s)


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          C/LPA/1914/2007                                       JUDGMENTDT. 04/02/2021
         INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

MRUTKARSHSHARMA,ASST.GOVERNMENTPLEADERfor the Respondent(s)
==============================================================================

 CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
        and
        HONOURABLE MS. JUSTICE GITA GOPI

                                    Date: 04/02/2021

                             ORALJUDGMENT

(PER: HONOURABLE DR. JUSTICE VINEET KOTHARI)

ORDER IN CIVIL APPLICATION No.4 OF 2018 AND MISC.

CIVIL APPLICATION No.1 OF 2018 :

Heard learned counsel for the parties. Considering the facts and circumstances of the case, we are of the opinion that sufficient cause has been shown by the applicants for condoning the delay caused in filing Misc. Civil Application No.1 of 2018 for restoration and also for restoration of Misc. Civil Application No.1 of 2008 for review of the order passed in Letters Patent Appeal No.1914 of 2007. In view of the above, both Civil Application No.4 of 2018 and Misc. Civil Application No.1 of 2018 are allowed and they stand disposed of accordingly.

ORDER IN MISC. CIVIL APPLICATION No.1 OF 2008 :

1. This Misc. Civil Application has been preferred for review of the order dated 08.09.2008 passed in Letters Patent Appeal No.1914 of 2007 by which the said Letters Patent Appeal was dismissed.

2. The facts, in a nutshell, are that the Applicants-Petitioners are the heirs and legal representatives of Late Jayvantsinh Jatubha Rana, who had passed away on 28.05.1985. It is the say of the Applicants-Petitioners

C/LPA/1914/2007 JUDGMENTDT. 04/02/2021 INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

that Late Jayvantsinh Jatubhai Rana was the son of Late Jatubha Mobatsinh Rana, who had passed away on 05.07.1983. The said Late Jatubha was holding 183 Acres and 9 Gunthas of land in Village : Modhvana, Taluka : Lakhtar, District : Surendranagar. On 07.10.1976 the respondent - Mamlatdar & ALT issued Notice to Late Jatubha for initiation of proceedings under the provisions of the Gujarat Agricultural Land Ceiling Act, 1960 (hereinafter referred to as "the Act"). In response thereto, Late Jatubha filed a detailed reply-cum-statement dated 03.11.1976 before the respondent - Mamlatdar narrating the relevant facts as on the specified date. A copy of the said reply-cum-statement dated 03.11.1976 and other relevant documents have been produced on record along with Civil Application No.4 of 2018 in Letters Patent Appeal No.1914 of 2007 arising out of Special Civil Application No.11990 of 1994. Being dissatisfied with the reply-cum-statement dated 03.11.1976, the respondent authority initiated proceedings under the Act, which came to be numbered as Land Ceiling Case No.31 of 1976-77.

3. It is the say of the Applicants-Petitioners that in his reply dated 03.11.1976, though Late Jatubha had stated in clear terms that he had three major sons, namely, Jayvantsinh Jatubha Rana, Chandubha Jatubha Rana and Mahipatsinh Jatubha Rana, who were all major as on the specified date, the Mamlatdar & ALT, Lakhtar passed the order dated 29.12.1980 in Ceiling Case No.31 of 1976-77 whereby, it was declared that said Late Jatubha possessed 16 Acres and 9½ Gunthas of surplus land.

4. Against the order dated 29.12.1980, one Mr. (Late) Jagjivanbhai V. Patel filed an appeal being Land Ceiling Appeal No.96 of 1981 before the learned Assistant Collector, Dhrangadhra on the ground that he had

C/LPA/1914/2007 JUDGMENTDT. 04/02/2021 INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

purchased a part of the land in question from Late Jatubha. The said appeal was partly allowed vide order dated 14.12.1981 whereby, the order dated 29.12.1980 passed by the Mamlatdar & ALT, Lakhtar in Land Ceiling Case No.31 of 1976-77 was quashed and set aside and the matter was remanded to the said authority for consideration afresh.

5. It appears that in the meanwhile, the learned Assistant Collector, Dhrangadhra had taken the order dated 29.12.1980 passed by the Mamlatdar & ALT, Lakhtar in suo motu revision in Case No.256 of 1981. In the revision proceedings, the learned Assistant Collector, Dhrangadhra passed the order dated 03.10.1981 whereby, the order dated 29.12.1980 passed by the Mamlatdar & ALT, Lakhtar was modified to the extent that land ad-measuring 16 Acres and 29½ Gunthas was declared as surplus land instead of 16 Acres and 9½ Gunthas.

6. Against the aforesaid order dated 03.10.1981, one Mr. (Late) Zala Manubhai Punjabhai preferred a revision application bearing No. TEN/587/82 before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal partly allowed the revision application vide order dated 06.04.1984 whereby, the order passed by the authority below in suo motu revision was set aside and the matter was remanded to the Mamlatdar & ALT, Lakhtar for consideration afresh.

7. During the pendency of the above proceedings, said Jatubha Mobatsinh Rana passed away on 05.07.1983. Pursuant to the order of remand passed by the learned Assistant Collector, Dhrangadhra as well as by the Gujarat Revenue Tribunal, the Mamlatdar & ALT, Lakhtar passed the order dated 31.01.1986 declaring 16 Acres and 09 Gunthas land as surplus land.

C/LPA/1914/2007 JUDGMENTDT. 04/02/2021 INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

8. Being aggrieved by the said order dated 31.01.1986, the Applicants-Petitioners preferred appeal being Appeal No.04 of 1990-91 before the learned Assistant Collector, Dhrangadhra. The said authority disposed of the appeal, having become infructuous, vide order dated 19.08.1991.

9. Against the said order dated 19.08.1991, the Applicants-Petitioners preferred revision application being Revision Application No. TEN/BA/789/91 before the learned Gujarat Revenue Tribunal. It appears that the said revision application came to be disposed of as withdrawn with the liberty to approach the competent authority, vide order dated 04.08.1992.

10. The Applicants-Petitioners, thereafter, preferred appeal being Appeal No.05 of 1992-93 before the learned Assistant Collector, Dhrangadhra with the prayer to set aside the order dated 31.01.1986 passed by the Mamlatdar & ALT, Lakhtar in Land Ceiling Case No.31 of 1976-77 pursuant to the order of remand. However, the said appeal came to be rejected vide order dated 08.02.1993.

11. Against the order dated 08.02.1993, the Applicants-Petitioners preferred revision application being Revision Application No. TEN/BA/290/93 before the Gujarat Revenue Tribunal. The said revision application was partly allowed by order dated 30.09.1993 whereby, the orders dated 08.02.1993 passed by the learned Assistant Collector, Dhrangadhra in Appeal No.05 of 1992-93 and dated 31.01.1986 passed by the Mamlatdar & ALT, Lakhtar in Remand Land Ceiling Case No.31 of 1976-77 was set aside and a direction was issued that the land ad-

C/LPA/1914/2007 JUDGMENTDT. 04/02/2021 INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

measuring 16 Acres and 09 Gunthas, which was declared as surplus vide order dated 29.12.1986, be forfeited to the Government.

12. Being aggrieved by the order dated 30.09.1993, the Applicants- Petitioners preferred Special Civil Application No.11990 of 1994 before this Court. The learned Single Judge dismissed the said writ petition by order dated 17.01.2007.

13. Against the order dated 17.01.2007, appeal being Letters Patent Appeal No.1914 of 2007 was preferred by the Applicants-Petitioners. The said appeal was dismissed by the coordinate Bench by order dated 08.09.2008. Being aggrieved by the same, the Applicants-Petitioners have preferred the present Misc. Civil Application seeking review of the order dated 08.09.2008 passed in Letters Patent Appeal No.1914 of 2007.

14. Mr. Shalin Mehta, learned Senior Counsel appearing for the Applicants-Petitioners, legal heirs of Late Jayvantsinh, submitted that Late Jayvantsinh was the son of Late Jatubha and was also major as on the specified date under the Act. In the reply-cum-statement itself filed by Late Jatubha on 03.11.1976 in the proceedings of Ceiling Case No.31 of 1976-77, he had stated that he had three major sons, namely, Jayvantsinh Jatubha Rana, Chandubha Jatubha Rana and Mahipatsinh Jatubha Rana and had, thereby, claimed four units. The attention of the Court was drawn to the Rojkam of Family Tree of Late Jatubha dated 14.07.2014 prepared by Modhvana Gram Panchayat as also the Record of Rights in the form of Village Form No.6, to point out that Late Jatubha had three major sons as on the specified date. However, the coordinate Bench as also the learned Single Judge lost sight of the above aspects of the case and hence, the present application has been preferred.

C/LPA/1914/2007 JUDGMENTDT. 04/02/2021 INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

15. Having heard the learned counsels, we are satisfied that a serious miscarriage of justice has resulted in the present case, as one of the sons of Late Jatubha, whose land holding was subject matter of proceedings under the Act, was altogether ignored and whose existence has been proved with the documents now placed on record along with Civil Application No.4 of 2018 and Misc. Civil Application (Stamp) No. 496 of 2017 in Misc. Civil Application (Stamp) No.3397 of 2008 in Letters Patent Appeal No.1914 of 2007 arising out of Special Civil Application No.11990 of 1994 decided by the learned Single Judge of this Court on 17.01.2007 and therefore, we are constrained to allow the Civil Application and Misc. Civil Applications and restore the matter back to the Mamlatdar & ALT, Lakhtar, Surendranagar to decide the proceedings qua the said Late Jatubha and his three major sons, namely Jayvantsinh Jatubha Rana, Chandubha Jatubha Rana and Mahipatsinh Jatubha Rana, who are now represented by the Legal Heirs and Representatives, afresh in accordance with law under the provisions of the said enactment.

16. In the result, the present Misc. Civil Application is allowed and the orders (i) dated 31.01.1986 passed by the Mamlatdar & ALT, Lakhtar, Surendranagar in Remand Land Ceiling Case No.31 of 1976-77 (ii) dated 08.02.1993 passed by the learned Assistant Collector, Dhrangadhra in Appeal No.05 of 1992-93, (iii) dated 30.09.1993 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN/BA/290/93 as also the (iv) order dated 17.01.2007 passed by the learned Single Judge in Special Civil Application No.11990 of 1994 and (v) dated 08.09.2008 passed in Letters Patent Appeal No.1914 of 2007; are quashed and set aside and the matter is remanded back to the Mamlatdar, Lakhtar, Surendranagar for adjudication afresh, in accordance with law. The

C/LPA/1914/2007 JUDGMENTDT. 04/02/2021 INDRABA JAYVANTSINH RANA WD/O. JAYVANTSINH JATUBHA RANA V. STATE OF GUJARAT

parties will appear, in the first instance, before the said Mamlatdar on 23.02.2021 and in view of the long delay by now, the entire proceedings at the end of the Mamlatar, Lakhtar, Surendranagar may be concluded within a period of Six Months from said date. With these observations and directions, the Misc. Civil Application stands disposed of with no order as to costs.

(DR. VINEET KOTHARI,J)

(GITA GOPI, J)

PRAVINKARUNAN