Gujarat High Court
Pankajbhai Bhalubhai Bharwad vs Hardik Sunilbhai Agrawal on 4 January, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/723/2023 JUDGMENT DATED: 04/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 723 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 3038 of 2023
With
R/LETTERS PATENT APPEAL NO. 725 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 3039 of 2023
With
R/LETTERS PATENT APPEAL NO. 727 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 3040 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL Sd/-
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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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 ?
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PANKAJBHAI BHALUBHAI BHARWAD
Versus
HARDIK SUNILBHAI AGRAWAL
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Appearance:
MR NK MAJMUDAR(430) for the Appellant(s) No. 1
MR KRUTIK PARIKH AGP for the Respondent(s) No. 5
MR SUNIL S JOSHI(2925) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5,6
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 04/01/2024
ORAL JUDGMENT
NEUTRAL CITATION
C/LPA/723/2023 JUDGMENT DATED: 04/01/2024
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(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. As the issue raised in the above noted appeals is common
and they are arisen out of the common judgment, they have been
heard and are being decided by this common judgment.
2. Having heard the learned counsels for the parties and
perused the record, from the own submission made by Mr.
N.K.Majmudar, the learned advocate appearing for the appellant,
the competent authority is required to conduct the proceedings
in the mode and manner provided in the Statute itself.
3. Reading of Section 135D of the Gujarat Land Revenue
Code, 1879, as extracted in the judgment impugned, it is more
than evident that the words "any person" used in sub-section (3)
of Section 135D can only be interpreted by reading the entire
provision itself. We may note that Section 135D provides the
mode and manner in which an entry in the revenue record is to
be made and certified by the designated officer. Sub-section (1)
(b)(ii) states that upon completion of verification, the necessary
entries shall be made in the register of mutations in the manner
as may be prescribed and the notice of the transaction under
section 135D shall be served to the persons interested therein.
Sub-section (2) states that whenever a designated officer makes
an entry, either manually or electronically in the register of
mutations, he shall at the same time intimate to all persons
appearing from the record of rights or register of mutations to be
interested in the mutation and to any other person whom he has
reason to believe to be interested therein in the manner as may
NEUTRAL CITATION
C/LPA/723/2023 JUDGMENT DATED: 04/01/2024
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be prescribed. Sub-section (4) says that orders disposing of
objections entered in the register of disputed cases shall be
recorded, either manually or electronically, in the register of
mutations, after disposing it within the period as may be
prescribed for this purpose and the same may be intimated to
the concerned person having interest in the said mutation. Sub-
section (5) further states that where no objection is raised by any
person having interest in the transaction, either manually or
electronically, within a period of thirty days, the mutation entry
shall be certified electronically through an automated process or
manually, as the case may be. After reading the said sub-
sections of Section 135D when we read sub-section (3), it states
that it shall be the duty of the designated officer to enter the
particulars of the objection if any received from any person
either manually or electronically, in a register of disputed cases
and to give written acknowledgment of the receipt of such
objection to the person making it in the same manner. The
words "any person" used in sub-section (3) of Section 135D,
cannot be interpreted in the manner as suggested by the learned
counsel for the appellant to include "any person on the earth"
having interest in the mutation or the property in question. The
words "any person" used in sub-section (3) of Section 135D, has
to be interpreted by reading all the said provision as a whole
which provides that the designated officer shall be required to
deal with the objection of any person interested or concerned
person having interest in the mutation, on an objection filed by
him to the proposed mutation, after completion of verification
before certifying the entries in accordance with the provision of
sub-section (5) of Section 135D.
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C/LPA/723/2023 JUDGMENT DATED: 04/01/2024
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4. There is no dispute about the fact that the appellant herein
has no right, title or interest in the land in question. The act of
the respondent authorities in issuing notice to the petitioner on
the objection raised by the appellant herein during the mutation
proceedings, therefore, is found to be illegal. For the reasoning
given above in addition to the reasoning given by the learned
Single Judge, we do not find any merits in the appeal. Moreover,
the learned Single Judge has while allowing the writ petitions,
quashed the notice issued to the petitioner on the objection
raised by the appellant and has noted that it was open for the
respondent authorities to independently examine the validity of
the transactions.
In view of above discussion, we dismiss the appeals being
devoid of merits. No order as to costs.
Sd/-
(SUNITA AGARWAL, CJ )
Sd/-
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
