PARSHOTTAMBHAI MOTIRAM Vs. DEVCHANDBHAI PARBHUBHAI

JUDGEMENT

(1.) The petitioner, since deceased, now represented by his legal heirs filed this Special Civil Application and challenge has been made to the orders of respondent No. 5, Assistant Collector, Taluka Choryasi Prant, District Surat, dated 20-1-1986, under which the Mutation Entry No. 696 dated 18-2-1982 made in favour of the petitioner of the land in dispute has been cancelled by taking the matter under suo motu revisional powers under Sec. 211 of the Bombay Land Revenue Code.

(2.) The facts of the case in brief are that the respondent No. 1, an agriculturist, was the owner of the land bearing Survey No. 44, block No. 126, admeasuring 4 hectares, 20 acres, 88 sq. mts. The respondent No. 1 was the member of the respondent No. 2-society, and had taken a crop loan from respondent No. 2 and a charge was created on the land aforesaid belonging to him for repayment of the said loan. The respondent No. 1 committed a default in repayment of the said loan and thereupon the respondent No. 2 made an application to the District Registrar, Cooperative Societies, Surat, under Sec. 106 of the Gujarat Co-operative Societies Act, for granting certificate for recovery of the said amount. After making necessary enquiry, the Registrar, Co-operative Societies, Surat granted a certificate on 19th August 1976 in favour of respondent No. 2 under Sec. 106(3) of the aforesaid Act. The respondent No. 3 who was appointed as a Special Recovery Officer under the provisions of the Gujarat Co-operative Societies Act, issued a Public Notification under Sec. 165 of the Bombay Land Revenue Code for auction of the land of respondent No. 1 and the auction was fixed on 18-12-1979 at 5-00 p.m. The petitioner was one of the bidders who participated in the auction and his bid was highest, i.e., Rs. 49,500/-. That bid has been accepted by respondent No. 3 and the sale was knocked down in favour of petitioner. The amount has been deposited by petitioner with respondent No. 3 and a sale certificate was issued to him. On the basis of right acquired, by virtue of sale certificate, the petitioner reported the matter to the Village Accountant/Talati-cum-Mantri of village Bharthana and Entry No. 662 was posted in the revenue record Village Form No. 6 in respect of the land which has been purchased by petitioner in auction. As there was some mistake in description of the area of the land, necessary correction has been made and correct Entry No. 677 was posted in the Record of Rights. That Entry was certified by Mamlatdar, Choryasi, on 14-4-1981 and the entry was mutated in the Mutation Register in Village Form No. 6 under Sec. 136(d) of the Bombay Land Revenue Code. As the land which has been sold to the petitioner in public auction could not be of new tenure, Entry No. 677 was corrected and a new Entry No. 696 was posted on 18-2-1982, which Entry was certified by Mamlatdar on 19-6-1986. The Entry No. 696 which was posted in Village Form on 18-2-1982 was taken in suo motu revision by respondent No. 5 and a notice came to be given to the petitioner on 27th December 1985. After hearing the petitioner, under the order impugned in this Special Civil Application, the Entry No. 696 dated 18-2-1982 in the Village Form was ordered to be cancelled. Hence this Special Civil Application.

(3.) This Special Civil Application has been admitted by this Court after notice to the respondents on 24-11-1987 and interim relief in terms of para 20(C) has been granted. So the respondent Nos. 4, 5, 6 or their subordinates were restrained from taking any further action pursuant to the order of respondent No. 5 dated 20-1-1986, Annexure "E" impugned in this Special Civil Application.