RAVICHAND MANEKCHAND SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been preferred against the order dated 10th July, 1993 passed by the Assistant Collector, Morbi in Revision Case No. 23 of 1992 as well as against the order dated 29th April, 1994/13th May, 1994 passed by the Collector, Rajkot in Land Appeal No. 19 of 1993, whereby the order passed by the Assistant Collector, Morbi was confirmed and the order passed in Revision Application No. SRD/HKP/RJT/11 of 1994 by the Secretary, Revenue Department, State of Gujarat on 25th October/November, 1994 whereby the orders passed by Assistant Collector and that of Collector were upheld and it was held that mutation Entry No. 2605 is removed as the sale transaction was violative of Sec. 54 of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (hereinafter refereed to as "the Ordinance, 1949") as there was transfer of agricultural land to the non-agriculturist.

(2.) Learned Advocate for the petitioners submitted that the order passed by the authorities below are de hors the facts and law. True facts have not been appreciated by the authorities below. It is vehemetally submitted by the learned Advocate for the petitioners that the petitioners are agriculturist. The mutation Entry No. 1702 dated 2nd May, 1977 (Annexure "A" to the memo of the petition) reveals the fact that the present petitioner No. 1 was the brother of Chimanlal Manekchand, and therefore, the name of the petitioner was added. This mutation Entry No. 1702 was certified by competent officer after holding necessary inquiry. Thereafter, vide mutation Entry No. 1800, the name of the petitioner No. 1 has been shown as owner as other two persons have relinquished their rights from Survey No. 1137, the release deed is dated 8th September, 1978 (Annexure "B" to the memo of the petition). Thereafter, the petitioner No. 1 purchased the land bearing Survey No. 1005 paiki from the petitioner Nos. 2 & 3 and entry to that effect has been recorded in the records of right vide mutation Entry No. 2605. (Annexure "D" to the memo of the petition). This entry was certified upon proper inquiry held by the competent authority on 31st August, 1989. Thus, the Entry No. 2605, which is due to, purchase of Survey No. 1005 paiki by the petitioner No. 1 from the petitioner Nos. 2 & 3 has been approved by the concerned Government Authority in the year 1989. Thereafter, the application for non-agricultural purpose was given on 22nd October, 1992 (Annexure "E" to the memo of the petition). Thus, the land in question i.e. Survey No. 1005 paiki has now been ceased to be an agricultural land. Now, agricultural land has been divided into 20 sub-plots and they have been transferred to the further purchasers by registered sale-deeds. Never, ever before, any objection has been raised by any authority, right from the year 1989 onwards against Entry No. 2605. For the first time, after the sale of 20 sub-plots of non-agricultural land and after certification of the mutation Entry No. 2605, a show-cause notice was issued on 12th November, 1992.

(3.) It is vehementally submitted by the learned Advocate for the petitioners that the notice dated 12th November, 1992 is de hors the provisions of the Gujarat Land Revenue Rules, 1972 and de hors the provisions of the Bombay Land Revenue Code, 1879 as the same has been issued at much belated stage, after lapse of several years and after grant of N.A. use permission and after sale by registered sale-deeds, of 20 sub-plots to the further purchasers. As on the date of the notice in the year 1992, the land was not agricultural land at all, and therefore, the Notice itself is bad in the eye of law, and therefore, the order dated 10th July, 1993 passed in pursuance of the said notice by the Assistant Collector, Morbi (Annexure "H" to the memo of the petition) deserves to be quashed and set aside.