VIJAYKUMAR DHANSUKHLAL JINWALA Vs. KOKILABEN DHANSUKHLAL JINWALA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for setting aside order passed by the Special Secretary Revenue Department dtd. 22/3/2022 At Annexure-A. By the aforesaid order, the Revision Application filed by the petitioner against the order of the Collector, Surat dtd. 22/10/2018 was rejected confirming the order of the Collector. By the impugned order, the Special Secretary also directed that the outcome of the revenue proceedings would be subject to the final decision of the Civil Court in connection with Special Civil Suit No.518 of 2015.

(2.) The issue pertains to an agricultural land, situated at village Aabhwa, Taluka: Majura, District: Surat in connection of which the mutation entry No. 4136 was made in favour of respondent Nos.1 to 6 upon their application. Thereafter the petitioner had raised objections against the aforesaid entry and such objections were accepted and the entry came to be cancelled.

(3.) Learned advocate for the petitioner submitted that there are many immovable properties in the name of deceased Dhansukhlal Chunilal and therefore, after death of Dhansukhlal on 8/1/1996, all the parties entered in to MOU dtd. 7/2/1996 whereby all the respondents relinquished/released their right, title and interest from all the properties of deceased Dhansukhlal in favour of the petitioner and on that very day all the respondents had given irrevocable power Of attorney in favour of the petitioner with respect of all the properties of deceased Dhansukhlal. After signing the above stated MOU and POA, with ulterior motive private espondents herein had filed a suit being Regular Civil Suit No. 91 of 2012. In the said suit proceedings the parties to the present petition entered into settlement which was filed below Exh-68 in Regular Civil Suit No. 91 of 2012 before the learned 2 nd Additional Senior Civil Judge, Surat wherein all the respondents herein stated that they do not have any right, title and interest in any of the properties of the deceased Dhansukhlal Chunilal and if they are having any right, title and interest in any of the properties of the deceased Dhansukhlal Chunilal, then the said is relinquished/ released in favour of the present petitioner by the settlement dtd. 31/1/2015. Without considering this aspect that all the parties have voluntarily relinquished/ released their right, title and interest from all the immovable properties of deceased Dhansukhlal Chunilal in favour of the petitioner, the learned Special Secretary Revenue Department passed the impugned order only on the ground that the said settlement was with respect to the land in question situated at Jiav, Surat and not with respect to land situated at Abhwa. Upon perusal of the Settlement deed, it is clear that the respondents herein have not only relinquished/ released their right, title and interest from the properties at Jiav, but also from all the properties, including the land in question, which was in the name of deceased Dhansukhlal Chunilal, and therefore, the impugned order passed by the learned SSRD is required to be quashed and set aside by this Court.