Gujarat High Court
Bhanabhai Sukhabhai Patel vs State Of Gujarat on 13 December, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/16292/2016 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16292 of 2016
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BHANABHAI SUKHABHAI PATEL & 16 other(s)
Versus
STATE OF GUJARAT & 19 other(s)
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Appearance:
DECEASED LITIGANT for the Petitioner(s) No. 12
MR AB MUNSHI(1238) for the Petitioner(s) No.
1,10,11,1.1,1.2,12.1,12.2,12.3,12.4,13,1.3,14,1.4,15,16,17,2,3,4,5,6,7,8,9
AAYOG Y DOSHI(8519) for the Respondent(s) No. 10,11,12,13,14,16,17,18,19,20,5,6,7,8,9
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
MS DHWANI R TRIPATHI, AGP for the Respondent(s) No.1,2,3,4
DELETED for the Respondent(s) No. 15
MR SP MAJMUDAR(3456) for the Respondent(s) No. 10,11,12,13,14,16,17,18,19,20,5,6,7,8,9
NOTICE SERVED BY DS for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 13/12/2023
ORAL ORDER
1. It was submitted before this Court by learned
advocate Mr. S.P. Majmudar that in respect of civil right
of parties, the suit preferred by the legal heirs of deceased
- Bhanabhai Kanjibhai and Nanduben Bhanabhai being
Regular Civil Suit No.250 of 2011 has been dismissed by
learned 10th Additional Senior Civil Judge, Surat vide order
dated 10.02.2022 passed below Exhibit-227, the legal heirs
of Bhanabhai Kanjibhai are joined as respondent Nos.5 to
20 in the present petition as respondents. The resultant
effect of the aforesaid judgment of the learned Senior Civil
Judge, Surat is that the mutation entries are ordered to be
restored, and threfore, the resultant effect is that the order
of 13.05.2016 which is subject matter of challenge has
already been nullified. It is also an undisputed fact that
NEUTRAL CITATION
C/SCA/16292/2016 ORDER DATED: 13/12/2023
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the decision of Civil Court is challenged by way of a Civil
Appeal by the private respondents by way of Appeal No.45
of 2022 before the District Court at Surat. It is also an
undisputed position that pursuant to an application made
by the petitioner on account of dismissal of Civil Suit, the
Deputy Collector, City Prant at Surat in RTS Appeal No.15
of 2023 allowed the appeal of the petitioner and directed
to delete the name of the private respondents from
revenue record in respect of Block No.130, 134, 137 and
145 in respect of land situated at Mauje: Khajod, Taluka:
Surat, District: Surat by way of Ferfar Nondh No.1871 and
even the said order passed by Deputy Collector is also
challenged by the private respondents by way of RTS
Revision Application No.112 of 2023 before the Collector,
Surat, wherein, the stay has been granted by Collector,
Surat and according to learned advocate Mr. Majmudar,
hearing has already been concluded and matter is reserved
for order.
2. In any case, now the present petition as far as
challenge to the order dated 13.05.2016 is concerned, the
same has become infructuous as the aforesaid effect of the
aforesaid order has been nullified by way of subsequent
entries and even though subsequent entries are also subject
NEUTRAL CITATION
C/SCA/16292/2016 ORDER DATED: 13/12/2023
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matter of challenge before Collector, Surat. Therefore,
without entering into the merits of the matter keeping all
the rights and contentions of all the parties open and
subject to final outcome of Civil Appeal preferred by the
private respondents. The present petition is disposed of as
the cause agitated by way of this petition does not
survive. Notice is discharged. No order as to costs.
3. At this stage, it is pointed out by learned advocate
Mr. Munshi that the name of private respondents still
reflects in the revenue record as occupier despite the
adjudication of Civil Suit by the competent Civil Court.
However, as the Civil Appeal is already pending before the
competent Civil Court and dispute related to entry is also
pending before Collector, Surat, I do not deem appropriate
to say anything about the aforesaid aspect. The final order
in the Civil Appeal would bind the parties.
(NIRZAR S. DESAI,J)
Manoj Kumar Rai
