Kantibhai Chhatrabhujbhai Vegda ... vs State Of Gujarat
2021 Latest Caselaw 9819 Guj

C/SCA/15522/2004                                                        ORDER DATED: 29/07/2021
           KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 15522 of 2004

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            KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED)
                              Versus
                    STATE OF GUJARAT & 7 other(s)
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Appearance:
None for the Petitioners
MR K.M. ANTANI, Assistant Government Pleader for the Respondent(s) No. 1,2,3
MR VIKRAM J THAKOR(2221) for the Respondent(s) No. 5
RULE SERVED(64) for the Respondent(s) No. 4,6,7,8
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CORAM:        HONOURABLE DR. JUSTICE VINEET KOTHARI

                                     Date : 29/07/2021

                                      ORAL ORDER

1. This petition has been filed by the purchaser of the land

which was already declared surplus and acquired by the State

under provisions of the Urban Land Ceiling Act, 1976. The

averments made by the Petitioner in the writ petition in paras 3.1

and 3.2 in this regard are relevant and are quoted below for

ready reference:

"3.1 That the petitioner is a resident of Rajkot and

has purchased land admeasuring about 300 sq.yds.

situated in Revenue Survey No.172, 174(2), 175(2)

and 253 in village Kotharia of Rajkot Taluka having

C/SCA/15522/2004 ORDER DATED: 29/07/2021 KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others

non-agriculture permission Plot No.78 in its

Southern direction under a registered sale deed from

the owner and holder of the said land, viz. Vrajlal

Madhavjibhai Padalia and Sameer Kirtikumar

Ravani, both resident of Rajkot. That the said

transaction took place on 12.12.2001 between the

parties and was also registered on the same day.

That the copy of the said sale deed is annexed hereto

and marked as Annexure 'A' collectively alongwith

its index No.2.

3.2 The petitioner begs to submit that he also

purchased the land admeasuring about 300 sq.yds.

from the same plot but of Northern direction from

the same Revenue Survey No., viz. 172, 174(2) and

175(2) and 253 in the Revenue of Rajkot. They are

given new Survey Nos.149, 154, 155 and 156 paiki

from Prime Cage Pvt. Ltd., a registered limited

Company through its Director Prakashkumar

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Dhirajlal Kaneria and Shaileshkumar Mohanlal

Tilva of Rajkot under the registered sale document

on payment of full consideration amount of Rs.2

lacs. The petitioner begs to submit that in this

regard the relevant revenue documents showing the

transfer endorsement by Mamlatdar, Rajkot are

annexed hereto and marked as Annexure 'C'."

2. The following prayers were made in the writ petition:

"7(A) issue a writ of mandamus and/or any other

writ, order or direction in the nature of

mandamus, certiorari or prohibition or the like

by quashing and setting aside the impugned

indicated and contemplated action at Annexure

'E' to the petition by the respondent authorities

mainly by respondent No.2 and 3 by which

impliedly the land held, possessed and owned

by the petitioner is likely to be usurped from

him in the name of Urban Land Ceiling

C/SCA/15522/2004 ORDER DATED: 29/07/2021 KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others

procedure and the proceedings declaring it to

be the surplus land;

and/or

(B) Your Lordships be pleased to issue a writ of

mandamus and/or prohibition by restraining

the respondent authorities from taking away or

disturbing the ownership, possession and

holding of the petitioner with regard to the

land admeasuring about 600 sq.yds. in plot

No.78 in both Northern and Southern direction

of old Revenue Survey No.172, 174(2), 175(2)

and 253 of Kotharia village in Rajkot Taluka,

in Dist. Rajkot;

and/or

(C) by way of interim relief, Your Lordships be

pleased to restrain the respondent authorities,

their agents and servants from disturbing the

C/SCA/15522/2004 ORDER DATED: 29/07/2021 KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others

possession of the petitioner of the land in

question in any manner whatsoever, till the

final disposal of this writ petitioner;

and/or

(D) any other and further relief/s that may deem,

just and proper be granted in the interest of

justice."

3. Upon issuance of the notices, the Respondent State filed

Reply to the writ petition and two Affidavits have been filed by

the Respondent State, viz. first Affidavit by Mr. I.K. Patel,

Additional Collector (Co-ord.) and Competent Authority under

the ULC Act, Rajkot, relevant paras of which with regard to the

proceedings undertaken under provisions of the ULC Act are

quoted below for ready reference:

"5. I say and submit that original land owner filed

Form-6A of the Urban Land Ceiling Act on

10.09.1976. Same was produced by the Competent

C/SCA/15522/2004 ORDER DATED: 29/07/2021 KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others

Authority, Urban Land Ceiling, Rajkot and as it was

found that the original land holder was entitled to 1

unit only i.e. 1500 square meters. It was held that

original land owner was having 2172.12 square

meters as Excess Vacant.

6. I say and submit that details of land, which was

declared as Excess Vacant, is given in the Table-B

herein below:

          Sr.              Details                 Area            Total
          No.                                    (Square       measurement of
                                                 Meters)        Area (Square
                                                                  Meters)

          1.       Village Kothariya:           501.68         501.68
                   Survey No.172,
                   174(2), 253 Plot
                   No.78

          2.       Village Mavadi:
                   Survey No.51

                   Plot No.47 paiki             214.11

                   Plot No.48                   457.43

                   Plot No.17 & 18              998.90         1670.44

                   Grand Total                                 2172.12





 C/SCA/15522/2004                                                        ORDER DATED: 29/07/2021

KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others

square meters

7. Is ay and submit that in view of the fact that

2172.12 square meters of the land of the holding of

the original land owner, was declared a Excess

Vacant and therefore, Notification under section

10(1) came to be issued on 08.01.1982 and same was

published in the Official Gazette on 18.03.1982.

8. I say and submit that Notification under section

10(3) came to be issued on 13.05.1982 and same was

published in the Official Gazette on 19.08.1982.

9. I say and submit that Notice under section

10(5) came to be issued on 14.11.1983. Once again,

Notice under section 10(5) of the Act came to be

issued on 11.01.1984.

10. I say and submit that possession of the land in

question was taken over under the provision of 10(6)

by way of the Panchnama on 24.01.1984 for the

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land which was Excess Vacant in Village Kothariya.

11. I say and submit that possession of the land of

Village Mavadi was taken over by drawing the

Panchnama [under section 10(6)] on 06.11.1986. A

copy of the Notifications under section 10(1), 10(3),

10(5) & Panchnama under section 10(6) are

annexed herewith and marked as Annexure-I

(colly.).

12. Thus, it is crystal clear that land in question as

mentioned herein above, was declared as Excess

Vacant land and the possession of the same was

taken over way back in the year 1984 and 1986

respectively.

13. I say and submit that being aggrieved and

dissatisfied with the order of the competent authority

of the declaring land as Excess Vacant, the original

land owner, Power of Attorney holder of the sons of

C/SCA/15522/2004 ORDER DATED: 29/07/2021 KANTIBHAI CHHATRABHUJBHAI VEGDA (DECEASED) v. STATE OF GUJARAT & 7 others

original land owner preferred an appeal under

section 33 of the Act before the Urban Land

Tribunal.

14. I say and submit that the Urban Land Tribunal,

Ahmedabad, rejected an appeal of the above

mentioned persons on 18.07.1996. A copy of Order

of the Urban Land Tribunal dated 18.07.1996 is

annexed herewith and marked as Annexure-II.

15. I say and submit that Kirtikumar Dhanjibhai

Ravani, who was the power of attorney holder of the

original land owner Lilamben Himatlal Shah, gave

an application for obtaining the certificate that the

land of Village Kothariya [501(66)] is not Excess

Vacant along with the said application and order

purported be passed by the Urban Land Tribunal

dated 26.03.1999 was also produced. It would be

appropriate to point out at this stage, said order

dated 26.03.1999 was found to be bogus.

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16. I say and submit that statement of the power of

attorney holder Kirtikumar Dhanjibhai Ravani was

recorded on 02.07.1999 by the Additional Collector,

Urban Land Ceiling, Rajkot.

17. I say and submit that verification of the above

mentioned order dated 26.03.1999 (bogus order)

was done vide letter of the office of the answering

deponent dated 21.07.1999 seeking details regarding

the truthfulness of the above mentioned order

(Bogus) from the Urban Land Tribunal.

Simultaneously, guidance was also sought for office

of the answering deponent, from the Revenue

Department vide letter dated 24.07.1999. Annexed

hereto and marked as Annexure-III is a copy of the

Order dated 26.03.1999 (Bogus).

18. It is respectfully submitted that letter was

received by the office of the answering deponent

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from the office of the Urban Land Tribunal,

Ahmedabad dated 31.07.1999 indicating therein that

no such appeal/order (bogus order - 26.03.1999)

was ever passed by the Urban Land Tribunal,

Ahmedabad. A copy of letter of the Urban Land

Tribunal, Ahmedabad dated 31.07.1999 is annexed

herewith and marked as Annexure-IV.

19. I say and submit that vide letter dated

24.03.1999, the Revenue Department advised / gave

guidance to the office of the answering deponent to

initiate the prosecution in the case. A copy of letter

of the Revenue Department dated 24.09.1999 is

annexed herewith and marked as Annexure-V.

20. I say and submit that the letter was addressed

to the Urban Land Tribunal, Ahmedabad dated

03.05.2004 indicated that as order of the Urban

Land Tribunal, Ahmedabad was bogus, police

complaint should be initiated. A copy of letter dated

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03.05.2004 is annexed herewith and marked as

Annexure-VI.

21. I say and submit that on 25.05.2004, the

Revenue Department instructed the Urban Land

Tribunal, Ahmedabad, to file police complaint. The

office of the answering deponent vide letter dated

31.08.2003 intimated to give all the details so as to

enable the Urban Land Tribunal to file the police

case.

22. In view of the above, it is respectfully submitted

that the original land owner has tried to overreach

process of the provision of the law by indulging in

the illegality and apparently committed an offence.

23. I say and submit that the petitioners claim to be

purchasers o land admeasuring about 300 sq. yds.

situated in Revenue Survey No.172, 174(2), 175(2)

and 253 in village Kothariya of Rajkot Taluka

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having Plot No.78 under a registered sale deed from

Vrajlal Madhavjibhai Padalia and Sameer

Kirtikumar Ravani, both resident of Rajkot on

12.12.2001.

24. I say and submit that so also, claim to have

purchased the land admeasuring about 300 sq. yds.

from the same plot but of Northern direction from

the same Revenue Survey no. viz. 172, 174(2) and

175(2) and 253 in the Revenue of Rajkot, from

Prime Cage Pvt. Ltd. a registered limited Company

through its Director Prakashkumar Dhirajlal

Kaneria and Shaileshkumar Mohanlal Tilva of

Rajkot under the registered sale document on

payment of full consideration amount of Rs.2 lacs

vide sale deed dated 19.11.2003.

25. Thus, I say and submit that it appears that the

persons who have alleged to have sold the land to

the petitioners, do not have any right, title and

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interest for the land in question. Thus, persons, who

have no right, title and interest in the land in

question, power to have sold the land to the present

petitioners.

26. At the best, it can be said that encroachers

and/or persons who are in unauthorized possession

of the government waste land have surreptitiously

sold of the land to the petitioners. The possibility of

original land owner having adopted this Modus

Operandi may have tried to frustrate the provisions

of the law.

27. I say and submit that even otherwise, the

petitioners / alleged purchasers were required to be

verified whether the alleged / purported sellers /

vendors had no right, title or interest to transfer the

said pieces of land.

28. I say and submit that by way of the present

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petition, the petitioner has challenged the proposed

action in pursuance to the notifications dated 3-

4.5.2004 issued by the the office of the answering

deponent to the Taluka Mamlatdar, Rajkot.

29. I say and submit that no right much less any

fundamental right and/or legal right of the petitioner

is infringed. By no stretch of imagination, it can be

said that the action against the offender, which is

proposed to be taken by lodging Prosecution, is

illegal, arbitrary, unjust and unfair, which can be

stated to be in violation of any provision of law.

Hence, it is stated that petition being de hors of

merit, deserves to be dismissed with exemplary costs.

30. In view of what has been stated herein above,

no relief much less any relief as prayed for deserves

to be granted and the petition deserves to be

dismissed in limine with exemplary costs."

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4. In the second Affidavit of Mr. N.D. Bhatt, Deputy

Secretary, Revenue Department, Sachivalaya, Gandhinagar

dated 02.04.2005, it was further stated that the criminal action

against the persons who forged the order of the Gujarat Revenue

Tribunal and on the basis of this, the action has been taken by

the State for filing criminal complaint with Rajkot Taluka Police

Station, Rajkot on 31.03.2005 and the same is also quoted below

for ready reference:

"1. I am filing the present Affidavit-in-Reply in

compliance with Order passed by the Hon'ble Court

dated 17.03.2005 whereby the answering respondent

is directed to explain as to what action has been

taken by the State for filing criminal complaint in

connection with the letter of the Additional Collector

dated 03.04/05.2004. It is also directed to explain as

to why the action is not taken in this regard. Though

it was brought to the notice of the government that

the order of the Urban Land Tribunal is concocted

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and forged. On 24.07.1999 the competent authority

(Additional Collector ULC) had sought the guidance

from the answering respondent as to what action

should be taken as regards the forged and concocted

order of the Urban Land Tribunal, which was

produced before it. Annexed herewith and marked

as Annexure R-I is the copy of the letter dated

24.07.1999.

2. It is submitted that pursuant to the aforesaid

letter of the respondent no.2 the answering

respondent vide its letter dated 24.09.1999 directed

the respondent no.2 herein to take the necessary

action along with registering criminal complaint in

this behalf. Annexed herewith and marked as

Annexure R-II is the copy of the letter written by the

answering respondent dated 24.09.1999.

3. It is submitted that vide a letter dated

22.03.2004 the State Government directed the

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respondent no.2 herein to report as regards the

action taken by it pursuant to letter dated

24.09.1999. Annexed herewith and marked as

Annexure R-III is the copy of the letter dated

22.03.2000. Pursuant to the aforesaid letter the

respondent no.2 herein vide its letter dated

03.04/05.2004 informed the State Government that

since the order which was found forged and

concocted is of Urban Land Tribunal, Ahmedabad.

It would be proper if the criminal prosecution is

lodged by the Urban Land Tribunal, Ahmedabad and

therefore requested the State Government to direct

the Urban Land Tribunal, Ahmedabad to register a

criminal complaint in this regard. Annexed herewith

and marked as Annexure R-IV is the copy of the

letter dated 03.04/05.2004. In view of the aforesaid

letter dated from respondent no.2 herein the

Government vide its letter dated 25.05.2004 directed

the Urban Land Tribunal to verify the fact as to

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whether any such order has been passed by it and if

not then to initiate the proper criminal proceedings

against all concerned in consultation with the

respondent no.2 herein. Annexed herewith and

marked as Annexure R-V is the copy of the letter

dated 25.05.2004.

4. It is submitted that in view of the letter written

by the answering respondent, the respondent no.2

herein requested the Urban Land Tribunal,

Ahmedabad to verify its records and initiate

necessary criminal proceedings in the matter. On

the record it appears that after the letter of the State

Government dated 25.05.2004 there were several

communications between the Urban Land tribunal,

Ahmedabad as well respondent no.2 herein as

regards filing criminal prosecution in the matter.

Thereafter on 29.01.2005 asked the respondent no.2

herein to register the criminal complaint since the

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forged and concocted order of the Urban Land

Tribunal was produced before it and therefore the

cause of action had arisen at Rajkot. Annexed

herewith and marked as Annexure R-VI is the copy

of the letter dated 29.01.2005. Pursuant to the said

letter of Urban Land Tribunal, Ahmedabad, the

answering respondent also directed respondent no.2

herein to register the criminal complaint at the

earliest.

5. It is submitted that pursuant to the aforesaid

directions issued by the answering respondent,

respondent no.2 herein has registered criminal

complaint being Cr. Register No.117 of 2005 with

the Rajkot Taluka Police Station, Rajkot on

31.03.2005. Annexed herewith and marked as

Annexure R-VII is the copy of the FIR registered

with Rajkot Taluka Police Station on 31.03.2005.

6. In view of what is stated herein above it is

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submitted that the answering respondent as well as

other authorities of the State Government have taken

appropriate action in accordance with law and have

registered criminal complaint as regards the offence

in question."

5. No Rejoinder to the same has been filed on behalf of the

Petitioner.

6. Mr. Vikram J. Thakor, learned counsel appearing for

Respondent No.5 Mr. Samir Kirtikumar Ravani, has submitted

that his client Respondent No.5 has also become victim of the

fraud played by one Mr. Ketan Mirani who produced the forged

order of the Tribunal dated 26.03.1999 and on the basis of

which the property in question was sold to Respondent No.5 to

further sold him to the Petitioner before this Court. He

submitted that the stage of criminal proceedings is not readily

known to him.

7. Heard learned counsel for the parties present before this

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Court in today's Video Conferencing meeting.

8. This Court is of the opinion that the present petition has no

merit at all, as the Petitioners have not only approached this

Court with unclean hands and therefore, they are not entitled

under Article 226 of the Constitution of India but also the sale in

question of the land is clearly void under provisions of the ULC

Act as the proceedings under provisions of the ULC Act had

already been concluded on various dates as given in

Respondents' Affidavits quoted above, much before the repeal

of law on 30.03.1999 and this Court in a series of decisions has

already upheld such proceedings under provisions of the ULC

Act in various cases, a reference to the judgments rendered by

the Division Bench of this Court to which I was a party, is given

below for ready reference:

(i) Heirs of Deceased Jethabhai Ishwarbhai vs. State

of Gujarat - Letters Patent Appeal No.405 of 2007,

decided on 22.01.2021;

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(ii) Dalwadi Muljibhai Mathurbhai Since deceased

through Heirs vs. State of Gujarat through Secretary

- Letters Patent Appeal No.555 of 2011, decided on

11.02.2021;

(iii) Chandralal Mulchand Ambavani vs. State of

Gujarat through - Letters Patent Appeal No.1411 of

2016, decided on 02.02.2021;

(iv) Prabhatbhai Shivabhai Solanki through LRs vs.

State of Gujarat - Letters Patent Appeal No.1281 of

2016, decided on 23.02.2021;

(v) Ravjibhai Chhotabhai Patel vs. Competent

Authority & Dy. Collector - Letters Patent Appeal

No.941 of 2016, decided on 25.03.2021.

9. In view of this, the Petitioners are not entitled to any relief

in the present writ petition and the two sales in his favour out of

surplus land were void and non est, as the whole of surplus land

already stood vested in the State under Section 10(3) of the ULC

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Act and the Petitioners are not entitled to any right, title or

interest in the portion of land alleged to have been purchased by

them and they are already facing criminal prosecution in the

matter along with others for forging of an order of Gujarat

Revenue Tribunal. In view of this, the present writ petition has

no merit as liable to be dismissed and the same is hereby

dismissed. No orders as to costs.

10. Copy of this order be sent to the parties who are not

present before this Court as of now and also to the Petitioners'

address given in the memo of petition. No costs.

(DR. VINEET KOTHARI,J) Bharat