Bhanuben Mohanbhai vs State Of Gujarat
2022 Latest Caselaw 10013 Guj

      C/SCA/6940/2017                                      ORDER DATED: 13/12/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 6940 of 2017
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                           BHANUBEN MOHANBHAI
                                  Versus
                        STATE OF GUJARAT & 5 other(s)
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Appearance:
MR MANAN A SHAH(5412) for the Petitioner(s) No. 1
MR. NIKUNJ KANARA, AGP for the Respondent(s) No. 1
MR GAURAV CHUDASAMA(5660) for the Respondent(s) No. 6
MR TULSHI R SAVANI(3070) for the Respondent(s) No. 5
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                  Date : 13/12/2022
                                   ORAL ORDER

[1] This petition under Article 226 of the Constitution of India is filed by the petitioner for quashing and setting aside the order dated 15.12.2016 passed by the SSRD in Revision Application No.105 of 2015. This Court by order dated 10.10.2017 issued rule in the petition and also granted ad-interim relief in terms of para- 8(B), thereby operation and execution of the impugned order dated 15.12.2016 was stayed. The order of Special Secretary was remanded the matter back to the Collector by setting aside the order of the Collector dated 20.07.2015 in RTS Revision Application No.210 of 2014. The Collector had passed an order as under:--

"Having considered the above stated facts, the revision application of the applicant deserves to be and is hereby allowed and the order passed by the Mamltadar in RTS/Dispute Case/22/2005 dated 30.06.2006 is hereby rejected. The Mamlatdar, Kamrej is hereby directed to carry out a fresh mutation entry in the village record as per the registered sale deed No.422 dated 23.03.2005 of the disputed land of block No.55 admeausring H-1-23-67 Sq.Meters of

C/SCA/6940/2017 ORDER DATED: 13/12/2022

village Simadi, Taluka Kamrej, District: Surat."

[2] Therefore, all the revenue entries were to turn on the registered sale deed No.422 dated 23.03.2005.

[3] Pending the petition, the parties have arrived at amiable settlement, which the parties have stated in consent terms signed between the petitioner as well as respondent Nos.5 and 6 to the present petition. The recitals in the consent terms would read as under:-

"The petitioners and contesting respondents i.e. respondent no.5 and 6 have amicably resolved the dispute, outside the court. In Pursuance thereto, a settlement deed is also executed between the parties on 4.11.2020. Annexed hereto and markea as Annexure-A1 is the copy of settlement deed dated 4.11.2020. Accordingly, the parties execute the present consent terms hereunder:-.

1. The dispute subject matter of proceedings is in relation to land bearing Survey No. 38/3 Block No.55, situated at village Simadi, Taluka-Kamre, District-Surat which has been allotted new Plot no.60 after re-survey total adıneasuring 12,366 sq. meters.

2. The subject land was originally owned by Dineshbhai Morarbhai Patel and Rameshbhai Morarbhai Patel.

3. The original owners sold the subject land in favour of Dayaljibhai Govindthai, who in turn sold the subject land to respondent no.6 Mansukhbhai Kalabhai Vora on 2.1.2003. In pursuance to said sale deed, M.E. No.1289 was recorded in the revenue records.

4. On 23.2.2005, respondent no.6 Mansukhbahi Kalabhai Vora sold the subject land land to the petitioners vide registered sale deed no.422 of 2005. In pursuance to registered sale deed dated 23.2.2005, M.E. No.1387 came to be mutated into the revenue records in the name of petitioners.

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The Respondent no.5 has accepted and confirmed the sale deed executed in favour of petitioners as well as M.E.

No. 1387 made in favour of petitioners and the petitioners having become owner by virtue of sale deed dated 23.2.2005.

5. On 19.3.2005, Respondent no.6 through his another Power of Attorney Holder Latif Kasam Juneja sold the subject lands in favour of respondent no.5 Nileshbhai Jagdishbhai Patel vide registered sale deed no.848.] As per the settlement between the parties, the sale deed no.848 executed by Power of Attorney Holder of respondent no.6 Viz. Latif Kasam Juneja dated 19.3.2005 is cancelled by executing registered cancellation deed no.19172 of 2021 dated

15..12.2020 before Sub-Registrar, Kamrej. Annexured hereto and marked as Annexure-A2 is the copy of cancellation deed no.19712 dated 15.12.2020.

6. Respondent no.5 had filed one Regular Civil Suit no.42 of 2015 before the Ld. Civil Judge, Kamrej in April 2015.

As per the settlement between the parties, the Respondent no.5 has withdrawn Regular Civil Suit No.42 of 2015 by filing purshis Exh.65. The Ld. Civil Court has passed the judgment and order on the basis of withdrawal purshis on 16.1.2021. A copy of plaint of Regular Civil Suit 42 of 2015 along with judgment and order dated 16.1.2021 passed thereon 42 are annexed herewith and marked as Annexure A3 Colly. As a consequence of above order, the sale deed executed in favour of petitioner stands legal and valid and attained finality.

7. The petitioner had filed Special Civil Suit No. 467 of 2015 (New Special Civil Suit No. 218 of 2017) before the Ld, Civil Judge, Surat seeking cancellation of registered sale deed executed in favour of Respondent no.5 and for such other ancillary and incidental reliefs. During pendency of suit, the petitioner and respondent no.5 have amicably resolved the dispute and in pursuance thereof, the respondent no.5 on 15.12.2020 has executed deed of cancellation of sale deed bearing registration no. 848 dated 19.3.2005. The petitioner filed withdrawal purshis Exh.42. The Ld. Civil Judge, Surat vide order dated 16.1.2021 was pleased to grant the

C/SCA/6940/2017 ORDER DATED: 13/12/2022

withdrawal purshis Exh.42 and dispose of the suit in view of withdrawal purslis. A copy of plaint of Special Civil Suit No. 218 of 2017 along with judgment and order dated 16.1.2021 passed thereon are annexed herewith and marked as Annexure-R4 Colly. As a consequence of above facts, there is no right, title or interest of the contesting respondents over the subject land and the petitioner has become the absolute owner of the subject land.

8. In view of above, the contesting respondents i.e. respondent nos. 5 and 6 have no objection if the order(s) impugned in the present petition are set aside and the name of petitioner mutated in the revenue record vide M.E. No.1387 in pursuance to um registered sale deed n0.422 of 2005 dated 23.2.2005 executed in his favour, is certified. The contesting respondents :dents also have no objection if Mutation Entry is made in pursuance to the order that may be passed by this Hon'ble Court on the present petition.

9. The parties agree that the contesting respondents have no objection if M.E. No. 1752 is cancelled as the sale deed no.848 executed by Power of Attorney Holder of respondent no.6 viz. Latif Kasam Juneja dated 19.3.2005 is cancelled by executing registered cancellation dated no.19172 of 2021 dated 15.12.2020 before Sub-Registrar, Kamrej.

10. In view of the above consent terms, the present petition may kindly be disposed of."

[4] In view of the aforesaid, as stated in the recital of the consent terms, the parties have confirmed the registered sale deed No.422 of dated 23.03.2005 and have no objection, if the revenue record is brought in conformity with the aforesaid.

[5] With the aforesaid, the petition stands disposed of in terms of the consent terms. Rule is discharged. Interim relief stands vacated.

(A.Y. KOGJE, J) SIDDHARTH