JETHABHAI MALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Special Civil Application under Article 226/227 of the Constitution of India has been preferred by the petitioners, claiming to be villagers of village Bajana, Taluka ; Patdi, District ; Surendranagar challenging the impugned order dtd.26.7.1999 / 7.7.1999 passed by the revisional authority ­ Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.SRD/9 of 1999 by which the revisional authority has allowed the said revision application preferred by the private respondents and has quashed and set aside the order dtd.22/1/1998 passed by the Mamlatdar, Patdi; order 14/5/1999 passed by the Dy.Collector, Dhangadhra and order dtd.24/11/1998 passed by the Collector, Surendranagar.

(2.) IT appears that the proceedings under section 61 of the Bombay Land Revenue Code, 1879 were initiated by the Mamlatdar and it was the case on behalf of the private respondents that they are owners of the land in question and road is not passing through their land.

(3.) IN view of the above and for the reasons stated above, present Special Civil Application succeeds in part. The impugned order dtd.26.7.1999 / 7.7.1999 passed by the revisional authority ­ Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.SRD/9 of 1999, is hereby quashed and set aside in so far as holding the private respondents herein as owners. However, the same shall be without prejudice to the rights and contentions on behalf of the respective parties to claim title and/or ownership over the land in question by initiating independent appropriate proceedings or to initiate independent proceedings under section 37(2) of the Bombay Land Revenue Code. It will be open appropriate authority to initiate appropriate proceedings under section 37(2) of the Bombay Land Revenue Code. As and when such proceedings are initiated, the same shall be considered in accordance with law and on its own merits. Rule is made absolute to the aforesaid extent. No costs.