DEVABHAI BHANABHAI Vs. ADDITIONAL CHIEF SECRETARY

JUDGEMENT

(1.) The short facts of the case are that the petitioner No.1 and his brother Khushalbhai purchased the agricultural land bearing Block No.79 of village Dharutha by Registered Sale Deed after getting permission of the competent authority for purchase of the land since the land was forming part of block. The revenue entry based on the said Registered Sale Deed was mutated in the revenue record and the land stood in the name of petitioner No.1 and his brother Khushalbhai Bhanabhai. On 15.04.1974, the name of sister of the petitioner No.1 Mithiben Bhanabhai was entered as co-owner of the land vide Entry No. 225. Thereafter, vide Entry No.390 dated 05.09.1982, the name of the other brother was deleted and consequently, Mithiben Bhanabhai, sister of petitioner No.1, continued to hold the property as per the said entry. Thereafter, vide Entry No. 556 dated 06.12.1986, the name of sons of Mithiben Bhanabhai were included in the revenue record.

(2.) On 25.07.1994, the District Collector, Surat, issued notice for exercise of revisional power under rule 108 (6) of the Gujarat Land Revenue Rules for Entry No.191 dated 01.11.1971, Entry No. 225 dated 15.04.1974, Entry No.390 dated 05.09.1982 and Entry No. 556 dated 06.12.1986 on the ground that the transaction is in breach of the provisions of Bombay Tenancy and Agricultural Lands Act and others.

(3.) It appears that after considering the reply of the petitioners, on 05-16.03.1996, the District Collector found that the land was self acquired property of the purchasers namely Khushalbhai Bhanabhai and the present petitioner No.1 and it could not be transferred to their sister Mithiben Bhanabhai and subsequently, to the sons of Mithiben Bhanabhai and it was found that the entries are in breach of the provisions of the Stamp Act, Registration Act and Hindu Succession Act, and also in breach of the provisions of Bombay Tenancy and Agricultural Lands Act and therefore, Entry No. 225 dated 15.04.1974, Entry No. 390 dated 05.09.1982 and Entry No. 556 dated 06.12.1986 were set aside.