Jalpaben Jitendrabhai Raiyani vs State Of Gujarat
2023 Latest Caselaw 2252 Guj

    C/SCA/4288/2023                                   ORDER DATED: 14/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 4288 of 2023

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                       JALPABEN JITENDRABHAI RAIYANI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR K I KAZI(5030) for the Petitioner(s) No. 1
for the Respondent(s) No. 10,11,12,13,2,3,4,5,6,7,8,9
MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 14/03/2023

                                 ORAL ORDER

Heard learned advocate Mr.K.I.Kazi for the petitioner and learned AGP Mr.Dhwan Jayswal for the respondent State.

This petition is filed under Article 226 of the Constitution of India for the following reliefs:-

(a) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondent no. 2 to quash entire proceedings in connection with Application No. Inq/Entry/Kalasar/S.No. 116/ Vashi/01/2023.

(b) During the pendency of this petition and till final disposal, be pleased to direct the respondent no. 2 to not to initiate any further proceedings in

C/SCA/4288/2023 ORDER DATED: 14/03/2023

connection with Application No. Inq/Entry/Kalasar/S.No. 116/ Vashi/01/2023

(c) Grant any other relief/s as may deem fit in the interest of justice.

The petitioner is prima facie aggrieved by the notice dated 07.01.2023 issued by the Mamlatdar to mutate the entry on the basis of the judgment and decree dated 12.05.2017 passed by the Principal Senior Civil Judge, Surendranagar in Special Civil Suit No.1 of 2012. The petitioner has challenged such notice on the ground that the petitioner is a subsequent purchaser of the land in question.

Learned advocate Mr.Kazi submitted that on the basis of the various transactions, various mutation entries have also been made in the revenue record after 2012 and being aggrieved by the order passed by the Civil Court one Naran Rambhai has preferred a Special Civil Application No.15249 of 2013 at the relevant point of time and this Court had granted interim relief and later on the said petition was dismissed.

It was further pointed out that the petitioner has appeared before the Mamlatdar on 16.02.2023 and has filed a reply to the impugned show cause notice.

Considering the above submissions, no interference is required to be made qua action initiated by the Mamlatdar for mutation of the entry

C/SCA/4288/2023 ORDER DATED: 14/03/2023

on the basis of the Judgment and Order dated 12.05.2017 passed by the Principal Senior Civil Judge, Surendranagar in Special Civil Suit No.1 of 2012, as such entry is required to be passed after giving opportunity of hearing to all the concerned parties as per the provisions of Section 135D read with Section 135C of the Gujarat Land Revenue Code, 1879.

The petition therefore being devoid of any merits is accordingly dismissed.

(BHARGAV D. KARIA, J) URIL RANA