Chhotalal Mansukhlal Shah vs State of Gujarat and 3

Honourable Mr. Justice M.R. Shah

[1.0] Present Special Civil Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner herein challenging the impugned order dated 11.11.1999 passed by the Revisional Authority - Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. SRD 1/1996 as well as the order dated 12.01.1996 passed by the Collector, Bhavnagar in Appeal No. 16 of 1994 by which the Collector set aside the order passed by the Deputy Collector, Palitana certifying mutation entry Nos. 730 and 731. Having heard the learned advocates appearing on behalf of respective parties, it appears and it is not in dispute that the dispute is with respect to the mutation entry in the revenue record and the petitioner is claiming to be the owner on the basis of the registered sale deed executed by the original owner and on the basis of such mutation entry Nos. 730 and 731 was made. The said entries were challenged by respondent No. 3 on the ground that the said sale was to defeat the dues of the Seva Sahakari Mandali, Tajpar and the said sale was made by the original owner who was the Secretary of the Society surreptitiously and fraudulently and also on the ground that at the relevant time the petitioner herein - purchaser was not the agriculturist.

[2.0] As per the settled proposition of law, in RTS proceedings, while considering the dispute with respect to the mutation entry, the RTS Authorities have no jurisdiction and/or authority to consider whether the sale in favour of the petitioner/purchaser is in breach of any other law and/or whether is an agriculturist or not and in view of the decisions of this Court in the case of Chandrakant Atmaram Patel & Ors. vs. State of Gujarat & Ors. reported in 2007 (3) GLR 2419 as well as in the case of Gandabhai Dalpatbhai Patel Vs. State of Gujarat, , the revenue Authority is required to make mutation entry in the revenue record on the basis of the registered sale deed, however, subject to the rights and/or contention of the aggrieved party to challenge the said sale deed and/or without prejudice to the rights of the appropriate Authority to initiate appropriate proceedings for breach of provision of any other law either on the ground that as the petitioner was not an agriculturist, he could not have purchased the said land and/or any other ground and as and when such proceedings are considered, the same shall be considered in accordance with law and on merits and without in anyway being influenced by the mutation entry and thereafter necessary mutation entry can be made on the basis of the outcome of such proceedings and/or decision of the Civil Court and/or any other Court in which the sale deed has been challenged. In view of the above, present Special Civil Application is disposed of by restoring mutation entry Nos. 730 and 731 by quashing and setting aside the impugned order dated 11.11.1999 passed by the Revisional Authority - Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. SRD 1/1996 as well as the order dated 12.01.1996 passed by the Collector, Bhavnagar in Appeal No. 16 of 1994, by observing that it will be open for either the respondent No. 3 or any other person and/or the Society to challenge the sale in favour of the petitioner and/or without prejudice to the rights of any competent Authority to initiate the proceedings for breach of any other law by such sale deed in favour of the petitioner inclusive of whether the petitioner was an agriculturist or not at the relevant time when the petitioner purchased the land and whether he could have purchased the land in question or not and by such purchase there is any breach of any other law or not and as and when such proceedings are initiated the same shall be considered in accordance with law and on merits and without in anyway being influenced by the mutation entry Nos. 730 and 731 and the mutation entry Nos. 730 and 731 which are hereby ordered to be restored shall always be subject to the ultimate outcome of the said proceedings. It goes without saying that if this mutation entry No. 730/731 is/are certified with any encumbrance, the same shall always be there and the same can be acted upon by any of the parties. Rule is made absolute to the aforesaid extent. No costs.