SHAMLABHAI MAMAIYABHAI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Rule. Mr.Chhaya, learned AGP waives service of notice of Rule for respondents No., 2 and 3 and in view of the order passed by this Court hereinafter, as the matters are being heard on the preliminary contentions of maintainability of the petition, presence of respondents No.4 and 5 may not be required.

(2.) The only question, which arises tor consideration at this stage before this Court is whether the Collector, Bhavnagar has the jurisdiction to entertain the revision against the order passed by the Dy. Collector under the Bombay Land Revenue Code (hereinafter referred to as "the Code") read with the Gujarat Land Revenue Rules, 1972 (hereinafter referred to as "the Rules").

(3.) The short facts of the case are that the entry came to be mutated in the revenue record for the transaction of sale dated 23.10.2002 vide No.3625 and the said entry was certified on 26.3.2003 by Mamlatdar. It appears that as per the Gujarat State Cooperative Agriculture and Rural Development Bank Limited, there was a charge of the said Bank and without releasing the charge, the sale had taken place as per the Bank and, therefore, as the entry was certified of the transaction of sale, the bank preferred appeal before the Dy. Collector under Rule 108(5) of the Rules being Appeal No.11 of 2006-07. The Dy. Collector ultimately passed the order on 13.12.2006 in Appeal, whereby the appeal is allowed and the entry No.3625 dated 26.3.2003 is set aside. The revision was preferred before the Collector against the order of the Dy. Collector and in the revision the Collector has passed the interim order dated 8.2.2007 pending the revision, whereby it is directed to maintain status quo of the land in question and it is under these circumstances, the present petitions.