VISHNUBHAI GOVINDBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been filed seeking the following substantive reliefs:-

(2.) The facts stated briefly are that agricultural lands bearing Survey No. 101/2, 108/2 and 108/3 of village Sughad, District, Sub district Gandhinagar were ancestral properties belonging to one Shri Raichandbhai. Raichandbhai had two sons Shankarbhai and Govindbhai. Shankarbhai had three children, namely, Motiram, Ambaram and Kesarben. Motiram's wife's name was Saraswatiben. In the village form No.7/12, the land was shown to be belonging to Saraswatiben, widow of Motiram Shankarbhai. Subsequently, the names of Govindbhai and his heirs were also inserted in the revenue record. It appears that entry whereby the names of Govindbhai and Vishnubhai, etc. was inserted came to be subsequently cancelled. Saraswatiben had no issue and by a Will dated 26.11.1977; she bequeathed the property in favour of Vishnuprasad Govindbhai Panchal. Saraswatiben passed away on 15.7.1979. Subsequently, Vishnuprasad Govindbhai applied for probate of the will from the competent District Court, Ahmedabad (Rural) being Probate No.46/1984. By a judgment and order dated 8.4.1993 the District Court issued probate of the will in favour of Vishnubhai Govindbhai.

(3.) After obtaining the probate certificate in his favour, Vishnuprasad Govindbhai on the basis of the Will, applied to the revenue authorities for making necessary mutation entry with respect to the properties in question and an entry being Entry No.3117 came to be made on 22.7.1993. Entry No.3117, however, was not certified and came to be rejected by an endorsement of the Circle Officer indicating that the person who has obtained the property was a non-agriculturist. He further recommended initiation of the proceedings under the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"). Thereafter, the second respondent Mamlatdar and Agricultural Lands Tribunal, Gandhinagar (hereinafter referred to as the "Mamlatdar and A.L.T"), initiated proceedings under section 84C of the Tenancy Act for the alleged violation of section 63 of the said Act.