State Of Gujarat vs Shantaben Jagdishbhai Acharya
2021 Latest Caselaw 15832 Guj

       C/LPA/883/2021                               ORDER DATED: 07/10/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO.          883 of 2021

       In R/SPECIAL CIVIL APPLICATION NO. 18477 of 2016
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                                STATE OF GUJARAT
                                     Versus
                         SHANTABEN JAGDISHBHAI ACHARYA
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Appearance:
MR MEET THAKKAR, AGP (1) for the Appellant(s) No. 1,2
MS ARCHANA ACHARYA, ADVOCATE for the Respondent(s) No.
1,2
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     CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
           R.M.CHHAYA
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV
                        Date : 07/10/2021

                        ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1. Heard learned advocates appearing for the parties.

2. Feeling aggrieved and dissatisfied by the order dated 26.07.2019 passed by the learned Single Judge in SCA No.18477/16, the State and its authorities have preferred this appeal under Clause 15 of the Letters Patent.

3. This proceeding has its genesis in the order dated 19.08.2016 passed by the Collector, Kutch, in Appeal/Jaman/108(6)/ Case No. 74 of 2016 with regard to Revenue Entry No. 8913, which came to be mutated for the lands in question. As enumerated in village form no. 7, being Survey No. 1062 Part 1, situated at village Fatehgadh, Taluka Rapar, District Kutch. The

C/LPA/883/2021 ORDER DATED: 07/10/2021

respondent-original petitioner contended before this Court that the very initiation of suo motu proceedings was without jurisdiction and also contended that the suo motu action is initiated after a period of 10 years. The learned Single Judge, by the impugned judgment and order, observed thus -

"4. Heard learned advocates appearing for the respective parties. Consideration of the order impugned would indicate that the Collector, Kutch has dropped the proceedings, which were instituted vide show cause notice dated 22/03/2016 pertaining to the entry in question. However, the Collector while directing the Mamlatdar to undertake proceedings with respect to the petitioner under sections 100 and 122 of Gujarat Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act,1958, has assumed liberty to re-initiate suo moto proceedings with respect to the entry in question if deemed necessary.

The contemplation of the Collector by assuming liberty to reinitiate the suo moto proceedings with respect to entry in question, which has been mutated and certified in the revenue records in the year 2010, would be opposed to the position of law as has been settled by the Hon'ble Apex Court in the case of State of Gujarat V/s. Raghav Natha and others reported in AIR 1969 SC 1297. To such extent, the observation of the Collector with respect to reserving right to initiate suo moto proceedings with respect to an entry mutated and certified in the year 2010, can be said to be a contemplation beyond reasonable period hence, deserves to be interfered with and accordingly is quashed.

With respect to the directions of the Collector to the Mamlatdar for initiating proceedings under sections 100 and 102 of Gujarat Tenancy

C/LPA/883/2021 ORDER DATED: 07/10/2021

and Agricultural Land (Vidarbha Region and Kutch Area) Act,1958, even the same shall be insignificant and tantamount to causing harassment to the petitioner owing to the fact that the petitioner himself and his family members have been declared as "Agriculturists" by the competent authority and which declaration is affirmed by the judgment of this court and Hon'ble Apex Court. Considering the fact that there is no retort from the end of the state government with respect to the factum of petitioner and his family members being agriculturists, the direction of the Collector to initiate proceedings under sections 100 and 102 of Gujarat Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act,1958 can be inferred as one without any foundation. Accordingly, this Court sets aside the said direction rendered by the Collector. Having set aside such direction, I do not wish to enter into the aspect as to whether the Collector had jurisdiction to issue such a direction."

4. In similar matters arising out of the same factual background, the coordinate bench of this Court, vide order dated 23.12.2020 passed in LPA Nos. 990/20 and 998/20, was pleased to dismiss the appeal filed by the State. We are in total agreement with the observations made by the learned Single Judge. No interference is called for. Following the judgment and order passed by coordinate bench in LPA Nos. 990/20 and 998/20, the present appeal also deserves to be dismissed and is hereby dismissed. No order as to costs.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) BIJOY B. PILLAI