BHAVNA PATEL D/O VELJIBHAI VIDAJA AND W/O ASHOK ODHAVJI PATEL Vs. SPECIAL SECRETARY ( APPEALS) REVENUE DEPARTMENT

JUDGEMENT

(1.) Heard Mr.Manav A. Mehta, learned advocate for Mr.Vimal A. Purohit, learned advocate for the petitioner and Mr.J.K.Shah, learned Assistant Government Pleader, appearing on the supply of an advance copy of the petition.

(2.) It is submitted by learned advocate for the petitioner that the petitioner is the third subsequent purchaser of the land in question. The land was granted to the Taluka Anusuchit Jati Samudayik Kheti Sahkari Mandali ("the Mandali" for short), by an order dated 14.03.1987. Thereafter, the Mandali, being desirous of converting the land into old tenure, applied to the Mamlatdar who, by his order dated 20.07.2006, converted the land to old tenure, subject to certain conditions. It is submitted that as per Condition No.2 of the said order, if the land is transferred to an agriculturist, no permission is necessary. However, prior permission of the Competent Authority would be required if the land is to be transferred to a non-agriculturist. It is submitted that this order of the Mamlatdar has been approved by the Deputy Collector by an order dated 17.08.2006. The petitioner purchased the land in question by a registered Sale Deed dated 24.05.2011 and a mutation entry has been recorded in the revenue record in this regard. Five and a half years from the date of the first transaction, the Mamlatdar, who himself accorded permission to convert the land to old tenure, wrote a letter dated 15.10.2011 to the Deputy Collector, asking him to reopen the transaction and grant an interim stay. It is further submitted that the Deputy Collector issued a show-cause notice-cum-order dated 21.11.2011, and granted stay on the basis of the letter of the Mamlatdar. No appeal has been filed by the Mamlatdar before the Deputy Collector and the said order has been passed only on the basis of a communication, which is highly irregular.

(3.) It is further submitted that the petitioner has filed a reply and written submissions before the Assistant Collector, which have not been considered. The Assistant Collector, vide the order dated 30.08.2014, directed that all mutation entries regarding all previous sale transactions, including the sale transaction in favour of the petitioner, be cancelled from the revenue record, on the ground that there is a breach of condition on the part of the Mandali, which allegedly could not have sold the land without prior permission. That, the Mamlatdar has granted permission while converting the land into old tenure which permission has been approved by the Deputy Collector. Therefore, there was no requirement of any other permission before selling the land.