SHANTABEN NATHABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Dilip B. Rana, learned advocate for the petitioners, Mr. Rutvij Oza, learned AGP for the respondents no.1 and 5 and Mr. Jinesh H. Kapadia, learned advocate for respondents no.2 and 3. Though served, no one appears for the respondent no.4.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 8.3.2016 passed by the Secretary, Revenue Department (Appeals) in Revision Application no.MVV/HKP/ Anand/161/2015, whereby the order dated 6.6.2015 passed by the District Collector, Anand came to be confirmed.

(3.) As can be culled out from the record of the petition, an entry being entry no.11055 was mutated in the revenue records with respect to survey No. 703/3 situated at Village Moraj, Taluka Tarapar, District Anand. It also deserves to be noted that the land in question was sold by the registered sale deed for which entry no.10882 came to be mutated. It is an admitted position that that the sale deed on the basis of which entry no.10882 was mutated is subject matter of challenge by way of a Civil Suit filed before the learned Principal Civil Judge, Tarapur being Civil Suit no.193 of 2013. The entry is based upon the said registered sale deed which is not annulled yet by the Civil Court and therefore, the rights of the parties stands crystallized as and when the said Civil Suit is decided. Considering the catena of decisions on the aspect of an entry based upon the registered sale deed and so also the provisions of the Bombay Land Revenue Code, 1879 read with the Gujarat Land Revenue Rules, 1972, the impugned order is legal and proper and there is no error which warrants interference by this Court in its extraordinary jurisdiction under Article 226 of the Constitution of India. However, it is provided that the revenue entries would be subject to final outcome of the Civil Suit. It would be open for the parties to the Suit to request the Civil Court for expediting the Civil Suit. If any such request is made, subject to cooperation from the parties, the Civil Court shall endeavour to expedite hearing of the same.