MANUBHAI CHHOTALAL BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) The facts in the nutshell are as follows:-

(3.) Mr. P.K.Jani, learned Senior Counsel appearing for the petitioner submits that in the present case, the petitioner is the purchaser of the lands owned by the respondent No.9 Trust after due procedure being followed by the respondent Trust before the learned Charity Commissioner under the Act. He submits that the respondent Nos.6 to 8 had filed their objections to such sale before the learned Charity Commissioner and they were unsuccessful. Pursuant thereto, the said respondents also preferred an appeal which is pending adjudication before the learned Gujarat Revenue Tribunal. He further submits that the lands are owned by the respondent No.9 Trust since the year 1964 vide mutation entry No.923. He submits that the said lands have been continuously shown to be owned and occupied by the said Trust. He submits that since the respondent Trust was in need of money, they had made an application before the learned Joint Charity Commissioner for sale of the said lands in its possession and the petitioner is the successful purchaser of the same by way of public auction. He submits that thereafter the registered sale deed came to be executed before the Sub-Registrar, Patan. He submits that being a registered sale document, the Mamlatdar could not have refused the certification of the mutation entry No.4206. He submits that the respondent Nos.6 to 8 were challenging the sale as well as the mutation entry, however, they have no locus in the matter as the said lands are owned and occupied by the respondent No.9 Trust. He further submits that the respondent Nos.6 to 8 being unsuccessful in challenging the order passed by the learned Joint Charity Commissioner, filed the suit for claiming ownership of the lands in question. He submits that in view of the aforesaid facts, the impugned order dtd. 3/4/2020 passed by the Mamlatdar is exceeding his jurisdiction and is in contravention of Sec. 135 of the Gujarat Land Revenue Code. He submits that the Mamlatdar has exceeded his jurisdiction while allowing the objections of the respondent Nos.6 to 8, who have failed to establish that they are the owners of the subject lands. Further, there is no order passed by any competent authority including the civil court declaring that the respondent Nos.6 to 8 are the owners of the subject lands which are owned by the respondent No.9 Trust. He submits that the sale deed which has been executed by the respondent No.9 Trust in favour of the petitioner has also attained finality and remained unchallenged till date. He submits that in view of the fact that the respondent Nos.6 to 8 have no right, title or interest to raise any objections against the mutation entry made in favour of the petitioner pursuant to the registered sale deed, the Mamlatdar has grossly erred in allowing the said objections. He, therefore, submits that the present Special Civil Application be allowed and the impugned judgment and order dtd. 3/4/2020 be quashed and set aside.