STATE OF GUJARAT Vs. NATWARLAL JAGDISHBHAI ACHARYA

JUDGEMENT

(1.) This intra Court appeal under clause 15 of the Letters Patent is directed against the judgment and order dtd. 26/7/2019 delivered in Special Civil Application No.18931 of 2016 passed by the learned Single Judge, whereby the learned Single Judge held that the order passed by the Collector in Appeal/Jaman/108(6) Case No.83 of 2016 is bad in law and hence, quashed and set aside the order.

(2.) Facts are briefly stated as, the original petitioner has purchased land bearing survey No.535/1 situated at village Thanpar, Tal: Rapar, Dist: Kachchh on 26/4/2005 from one Jayeshbhai Bhanji Patel, power of attorney holder of original owner Kuvarbai Akhaibhai Chaudhary, by way of registered sale deed No.897. The registered sale deed has been given effect by the revenue department by mutating entry No.607 in favour of the original petitioner on 26/2/2006 and certified on 27/9/2007. Subsequently, the Deputy Collector passed an order of promulgation and also passed an order giving effect of mutation entry No.747 dtd. 16/9/2008 in the revenue records, which was certified on 26/12/2008. After a span of seven years, the Secretary and Commissioner (Land Development), Revenue Department, Gandhinagar addressed a letter dtd. 3/4/2012 to the Collector, Kachchh stating that the original petitioner and their family members are not agriculturists. The documents, which are produced for claiming to be agriculturist are fabricated and hence, there is breach of Sec. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (in short "the Tenancy Act"). The letter indicates to take necessary steps. Pursuant to such letter, the Collector initiated suo motu proceedings and took the revenue entry into appeal under Rule 108(6) of the Bombay Land Revenue Rules (in short "the Rules") being case No.83 of 2016. The order dtd. 19/8/2016 has culminated into proceedings, whereby the Collector dropped the proceedings and further directed the Mamlatdar and ALT, Rapar to carry out proceedings under Sec. 100 and 122 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kachchh Area) Act, 1958 and to complete the same within six months.

(3.) Since the action of the Collector has taken after a period of 10 years, the original petitioner approached the learned Single Judge by way of filing captioned Special Civil Application seeking relief to quash and set aside the order dtd. 19/8/2016 passed by the respondent No.1 - Collector in Appeal/Jaman/108(6)/Case No.83 of 2016 and permanently restrain the respondent No.2- Mamlatdar from taking any action in furtherance of the impugned order of respondent no.1 and not to disturb mutation entry no.607.