Gujarat High Court
State Of Gujarat vs Jaipalsinh Pravinsinh Zala on 20 February, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/814/2023 ORDER DATED: 20/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 814 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 6848 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 814 of 2023
==========================================================
STATE OF GUJARAT & ORS.STATE OF GUJARAT
Versus
JAIPALSINH PRAVINSINH ZALAJAIPALSINH PRAVINSINH ZALA & ANR.
==========================================================
Appearance:
MS. HETAL PATEL, AGP, for the Appellant(s) No. 1,2,3,4,5
MR PREMAL S RACHH(3297) for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 20/02/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. This is State appeal challenging the judgment and
order dated 08.04.2022 passed by the learned Single
Judge in setting aside the orders dated 10.09.2018 and
26.11.2018 passed by the Collector and S.S.R.D. in appeal
and revision filed by the petitioners; respectively, in
challenging the order dated 29.09.2015 passed by Deputy
Collector in cancelling the mutation entries in the name of
NEUTRAL CITATION
C/LPA/814/2023 ORDER DATED: 20/02/2024
undefined
petitioners based on the sale deeds after setting aside the
order of conversion of the land-in-question from new
tenure to old tenure passed by the Mamlatdar on
21.03.2002.
2. It is argued by learned AGP Ms. Hetal Patel
appearing for the State appellants that the land-in-
question namely Revenue Survey No. 229 paiki 13
admeasuring about 10 acres situated at village Ratanpar,
Taluka & District Rajkot was allotted to the original owner
to one Devabhai Balabhai and others as santhani land on
07.01.1972. Entry in this regard was made in the revenue
records and was certified on 01.10.1974. In the year
2004, on the application moved by original allottee, the
land-in-question was converted in old tenure and the order
dated 21.03.2002 was passed by the Mamlatdar in
exercise of the powers conferred upon him under Section
65 of the Gujarat Land Revenue Code, 1879. It seems that
prior to the conversion of the land-in-question, some
measurement exercise was conducted by the D.I.L.R. in
the year 1999, wherein some discrepancy were found in
NEUTRAL CITATION
C/LPA/814/2023 ORDER DATED: 20/02/2024
undefined
the actual measurement of the allotted land in favour of
the original allottee. Based on the said measurement
exercise, after the land-in-question was converted in old
tenure, the Deputy Collector wrote a letter dated
30.04.2002 to the Mamlatdar to take into consideration
the report of the DILR made in the year 1994 removing
the discrepancy in the measurement.
3. The contention of the learned Assistant Government
Pleader appearing for the State appellants is that despite
the repeated letters written by the Deputy Collector, the
exercise for correction of the actual area of the land-in-
question was not conducted. However, on 29.09.2015, the
mutation entry made in the name of the petitioners who
are the purchasers of the land-in-question was cancelled
by setting aside the order of conversion dated 21.03.2002,
noticing that despite three communications sent by the
DILR in the year 2002, 2004 and February, 2014 to take
stock of the correct situation based on the measurement
exercise conducted by the DILR in the year 1999, noting
was done.
NEUTRAL CITATION
C/LPA/814/2023 ORDER DATED: 20/02/2024
undefined
4. We find the contention of the learned AGP appearing
for the State appellants in submitting that since nothing
was done and no report was submitted by the Mamlatdar
despite the communications sent by the Deputy Collector
in view of the 1999 measurement exercise conducted by
DILR, the revenue entries which are based on the sale
deeds executed in the year 2005, cannot be sustained.
5. The fact remains that the petitioners herein have
purchased the land-in-question in the year 2005 after the
same was converted into old tenure land in an exercise
conducted by the Mamlatdar in accordance with the
provision of Section 65 of the Gujarat Land Revenue Code,
1879. All this exercise cannot be made futile on some
measurement exercise conducted by DILR in the year
1999, when there is nothing on record to substantiate that
the said exercise was conducted after due notice and
opportunity to all concerned.
6. Be that as it may, the order passed by the learned
Single Judge in setting aside the orders passed by the
NEUTRAL CITATION
C/LPA/814/2023 ORDER DATED: 20/02/2024
undefined
Collector and the S.S.R.D., noticing that the mutation
entries were made on the basis of registered sale deeds,
need no interference.
7. The instant Letters Patent Appeal is dismissed being
devoid of merits. Civil Application for stay as well as any
other pending application(s), if any, shall also stand
disposed of.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
AMAR SINGH
