CHANDRABEN KESHAVLAL HARKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter is taken up for finally hearing and disposal with the consent of the learned advocates appearing for the parties. Hence, Rule. Learned AGP Mr. Ashar waives service of rule on behalf of respondent nos.1,2 and 3 and learned advocate Mr. Mehul Shah waives service of rule on behalf of respondent no.4 (4/1 and 4/2.).

(2.) By the present petition filed under Article 226 of the Constitution of India, the petitioners have challenged the order dated 28.10.2014 passed by the Secretary, Revenue Department (Appeals) in Revision Application No.1 of 2014 preferred by respondent no.4/1 and 4/2. By the impugned order, the Secretary has ordered to maintain status­quo as per the record in connection with the order dated 21.05.2012 passed by the Collector granting N.A. permission to the petitioners.

(3.) It appears from the facts of the case that the petitioners have purchased the lands in question by two registered sale deeds dated 15.12.2009 and 04.06.2010 from the original owners. Based on the sale deeds, entries were also mutated in the revenue record in their name. Respondent no.4/1, 4/2 and their brother have filed suit being Special Civil Suit No.167 of 2011 seeking to quash registered sale deeds executed in favour of the petitioners with declaration and permanent injunction restraining the petitioners from transferring, alienating the land in question or from creating any third party rights or from changing present position of lands in question. Such suit is filed based on the agreement to sell (Banakhat) dated 13.12.1976. In such suit, there is no injunction granted against the petitioners. However, the order granting N.A.Permission by the Collector to the petitioners for the lands in question is challenged by preferring Revision Application No.1 of 2014 before the Secretary and in such Revision Application, the Secretary has granted impugned order of status­quo.