Gujarat High Court
Thakor Ghabhaji Babuji vs State Of Gujarat on 30 June, 2023
Bench: Aniruddha P. Mayee
C/SCA/3292/2022 JUDGMENT DATED: 30/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3292 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
================================================================
1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
================================================================
THAKOR GHABHAJI BABUJI
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1,2,3,4
MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1
MR JV VAGHELA(5809) for the Respondent(s) No. 6
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5,7,8
================================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 30/06/2023
ORAL JUDGMENT
The present Special Civil Application is filed praying for the
following reliefs:-
"20A. YOUR LORDSHIPS may be pleased to issue a writ of mandamus
or a writ in the nature of mandamus or any other appropriate writ,
order or directions directing quashing and setting aside the impugned
order dated 14.12.2020 passed by SSRD in
C/SCA/3292/2022 JUDGMENT DATED: 30/06/2023
MVV/KHP/Patan/48/2019 (At Annexure-M) as well as the impugned
order dated 16.08.2019 passed by District Collector, Patan in Revision
SSRD/Remand case no.115/2018 (At Annexure-L) as well as
28.01.2015 passed by the learned Deputy Collector in RTS Case no.82
of 2014 (At Annexure-I);
B. During pendency and final disposal of the present petition,
YOUR LORDSHIPS may be pleased to stay further operation, execution
and implementation of the impugned order dated 14.12.2020 passed
by SSRD in MVV/KHP/Patan/48/2019 (At Annexure-M) as well as the
impugned order dated 16.08.2019 passed by District Collector, Patan
in Revision SSRD/Remand case no.115/2018 (At Annexure-L) as well
as 28.01.2015 passed by the learned Deputy Collector in RTS Case
no.82 of 2014 (At Annexure-I);"
2. It is submitted by learned advocate for the petitioners that
by mutation entry No.3944 dated 5.10.2012 by way of other
rights, an entry came to be mutated in the revenue records for
right of way in favour of the petitioner No.1. The said entry came
to be challenged by the respondent No.6 herein before the Dy.
Collector, Patan who by order dated 28.1.2015 was pleased to
set aside the said entry for the reasons stated therein. The said
order dated 28.1.2015 came to be challenged before the
Collector, Patan in RTS Revision Application No.73 of 2015 who
by order dated 21.1.2016 was pleased to dismiss the revision
application.
C/SCA/3292/2022 JUDGMENT DATED: 30/06/2023
2.1 Aggrieved, thereafter, the petitioners herein preferred
revision application before the learned SSRD, Ahmedabad who
by order dated 11.4.2018 was pleased to set aside the order
dated 21.1.2016 passed by the Collector, Patan and remanded
the proceedings back to the Collector, Patan for fresh hearing.
2.2 Thereafter, in the remand proceedings, the Collector, Patan
by order dated 16.8.2019 was pleased to once again reject the
revision application of the petitioners.
2.3 Aggrieved, the petitioners preferred a fresh revision
application before the learned SSRD, Ahmedabad who by order
dated 14.12.2020 was pleased to uphold the order of the
Collector, Patan dated 16.8.2019 and rejected the revision
application of the petitioners.
2.4 It is further submitted that in the meantime, the
respondent No.6 has sold the land to one Luhariya brothers, who
further alienated the said land to Rabari Amlakhbhai who has
further alienated the said land in favour of the petitioner Nos.2
to 4 in the year 2018. It is submitted that presently, the
petitioner Nos.2 to 4 are the owners of the land bearing Survey
No.293 Paiki 1 Paiki 1.
C/SCA/3292/2022 JUDGMENT DATED: 30/06/2023
3. Learned advocate for the respondent No.6 admits that the
land in question has been sold as stated hereinabove and today
the petitioner Nos.2 to 4 are the owners of the said land; the
petitioners Nos.2 to 4 have also filed an affidavit (Annexure-N)
stating that they have no objection against the entry No.3944
dated 5.10.2012 which has been set aside by the Dy. Collector,
Patan and confirmed by the Collector, Patan as well as by the
learned SSRD, Ahmedabad in the revenue proceedings giving
right of way to the petitioner No.1 through their land. Learned
advocate for the respondent No.6 submits that the objection
raised by the Dy. Collector, Patan at the relevant point of time
for cancellation of the entry No.3944 dated 5.10.2012 was with
respect to the respondent Nos.7 and 8 having no right to execute
such a document giving right of way to the petitioner No.1
herein. He submits that after selling away of the land, the said
objection does not survive. He, therefore, submits that if the
petitioners have resolved the issue between themselves, he has
no sustainable objection in the present case.
4. In view of the aforesaid observations and the fact that the
main ground for challenge to the mutation entry No.3944 dated
C/SCA/3292/2022 JUDGMENT DATED: 30/06/2023
5.10.2012 is no more in existence and further the fact that in
view of the affidavit dated 10.1.2022 (Annexure-N) and that the
Special Civil Application being jointly filed by the petitioner No.1
and the new purchasers i.e. petitioner Nos.2 to 4, the impugned
judgment and orders dated 14.12.2020 passed by the learned
SSRD, Ahmedabad; dated 16.8.2019 passed by the Collector,
Patan; dated 28.1.2015 passed by the Dy. Collector, Patan are
set aside. The mutation entry No.3944 dated 5.10.2012 in
respect of Survey No.293 Paiki 1 Paiki 1 is restored.
The present Special Civil Application is, accordingly,
allowed. No order as to costs.
Direct Service is permitted.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
