Puriben @ Kuraiben D/o Kanabhai Jivabhai Bamaniya v. State of Gujarat
2017-11-22
R.M.CHHAYA
body2017
DigiLaw.ai
ORDER : R.M. CHHAYA, J. Heard Mr. Vasant Barot, learned Counsel appearing for the petitioner and Mr. Shirish Gohil, learned Assistant Government Pleader for the respondent Nos. 1 to 3 on an advance copy. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 25.7.2017 passed by the learned Secretary (Appeals)-Revenue Department, Government of Gujarat in Revision Application No. MMV/HKP/GSN/32/2016 whereby, the Revision Application filed by the petitioner under Rule 108 (6)(a) of the Gujarat Land Revenue Rules, 1972 came to be rejected confirming the order passed by the District Collector, Gir-somnath and Deputy Collector Veraval. 3. Upon hearing learned Counsels appearing for the parties, it appears that the petitioner herein has objected to the Entry No. 1144 mutated on 18.1.2015 in relation to Survey No. 127 Paiki, 1, admeasuring H.O. 16-19 sq. mtrs. of land situated at Village Enaj, Taluka Veraval, District Gir-Somnath. The record indicates that the said entry was made on the basis of the registered sale deed dated 3.12.2004 4. The record indicates that the petitioner herein has preferred a Civil suit before the learned Principal Civil Judge at Veraval being Regular Civil Suit No. 79 of 2011. The record also indicates that by an order dated 6.8.2012 passed by learned Civil Court in Regular Civil Suit No. 79 of 2011 filed by the petitioner, the temporary injunction application has been rejected and the said order has become final. 5. Considering catena of decisions of this Court, the revenue entry mutated on basis of a registered sale deed has to be continued. As observed herein above Regular Civil Suit No. 79 of 2011 is pending for its final adjudication before learned Principal Civil Judge, Veraval and hence as rightly observed by learned Secretary Revenue (appeals) the revenue entries shall be subject to final outcome of the Civil Suit. 6. In view of the above, the authorities below have committed no error much less any error which warrants interference by this Court under Articles 226 and 227 of the Constitution of India. This petition is thus not entertained and the same is hereby rejected in limine. No costs.