STATE OF GUJARAT Vs. POLABHAI AJABHAI

JUDGEMENT

(1.) The State of Gujarat has filed this Special Civil Application, challenging the order passed by the Gujarat Revenue Tribunal in Appeal No.TEN/AR-15/94 dated 3rd January, 1995. By the impugned order, the Gujarat Revenue Tribunal allowed the appeal filed by the present respondents 1 to 3 and order passed by the Collector, Rajkot in Land Revision No.5 of 1991 is quashed and set aside by the Tribunal and the order passed by the Deputy Collector, Rajkot in L.R.C.37(2) case No.21-82-83 dated 15.7.1991 is restored. This petition, which is against the order of the Gujarat Revenue Tribunal, is essentially a petition filed under Article 227 of the Constitution of India.

(2.) The proceedings in question arise under Section 37 of the Bombay Land Revenue Code. The grandfather of respondents 1 to 3 herein, one Aja Ramji, applied for occupancy certificate as he was cultivating certain land as a tenant under the Saurashtra Land Reforms Act. Ultimately, in the year 1954, decision was taken to grant the said Aja Ramji occupancy certificate by the Mamlatdar, Rajkot for the land admeasuring 96 acres and 28 gunthas, of Village Raiya, District Rajkot. In the year 1955, ultimately, Occupancy Certificate was issued by the Special Mamlatdar, Rajkot under Section 30 of the Saurashtra Land Reforms Act in favour of said Aja Ramji for the land admeasuring 96 acres and 28 gunthas and it seems that the revenue entry to that effect was also posted in November, 1955 as per the occupancy certificate issued by the Special Mamlatdar. It seems that thereafter, partition took place between the family members and as per the partition / family arrangement, land was divided between three brothers, viz., Pola Aja, Megha Aja and Chaku Aja. Accordingly, by partitioning the land between the three brothers, the entire land, admeasuring 96 acres and 26 gunthas, was divided by three brothers, respectively. Some mutation entries were accordingly effected on the basis of such partition.

(3.) The father of the present respondents 1 to 3, thereafter, filed proceedings under Section 37(2) of the Bombay Land Revenue Code in July, 1981, contending that the land of respondents was wrongly merged in Survey No.318 and it was wrongly measured as "Government Land". It is required to be noted that, at the relevant time, no survey number was given and, therefore, the fields were owned by their names. The occupancy certificate was given as regards fields, viz., Sadadiavalu, Kathiapati, Ghoghavalu, Ghoghavalu Wadi, Ghoghavalu Wadi, Sheriyu and Okhal. Thereafter, survey took place and various survey numbers were given to the fields and the area of these fields came to 105 acres 38 gunthas in the new survey number. Accordingly, in the new survey, it was found that there was an excess of 9 acres and 10 gunthas from the area mentioned in the occupancy certificate for the fields, mentioned as 'Okhalwala'. The landholder, however, felt, in course of time, that Okhal field, which was 43 acres and 38 gunthas in the occupancy certificate was less in area to the extent of 10 acres and 10 gunthas and the field Okhal was surveyed and was, ultimately, found that certain area of the aforesaid Survey Number came to be merged in the new Traverse Kharaba land of Survey No.318. It appears that, during the intervening years, the record was brought on line with the survey record and partition among the three sons of Aja Ramji, viz., Pola Aja, Chaku Aja and Meghji Arjan, had taken place.