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2021 DIGILAW 697 (GUJ)

MANSUKHBHAI HARIDAS KANABAR v. STATE OF GUJARAT

2021-08-18

A.Y.KOGJE

body2021
JUDGMENT : 1. Rule. Ms.Nisha Thakore, learned AGP waives service of rule for the respondents-State. 2. This petition under Article 226 of the Constitution of India is filed seeking directions for quashing and setting aside the order dated 14.02.2020, passed by the S.S.R.D. in Revision Application No.MVV/HKP/Amal/87/2019, which confirms the order dated 19.11.2019 passed by the Collector in Suo-Motu proceedings numbered as RTS Nondh Revision No.58/2018. It is further prayed to direct the Mamlatdar, Tal:Bagasara, Dist:Amreli to restore the Entry Nos.718, 831 and 1251 in the revenue record. 3. It is submitted that petitioner nos.1, 2, 3 and 4 had purchased land bearing Survey No.52/1 paikee 3 paikee 2 situated at Jethiyavadar, Tal:Bagasara, Dist:Amreli admeasuring 0-41-48 Hec. Are. Sq.Mtrs. from the petitioner no.5 on 09.03.2005 by way of sale-deed No.31/2005. The same had been mutated in the revenue record on 21.06.2007 vide Entry No.831. Thereafter, the Collector, Amreli, in exercise of suo motu power issued show cause notice dated 25.02.2019 to the petitioner nos.1 to 5 directing the petitioners to furnish the proof of their being agriculturist. 4. Learned advocate for the petitioners submits that the suomotu proceedings initiated against the petitioners are after a lapse of 12 years and hence, the Collector had lost the jurisdiction, as action is initiated after an unreasonable period. 5. It is submitted that both the authorities have failed to take into consideration the evidence produced on the record before the Collector with regard to purchase of agricultural land at Village:Vitthalpur, Tal:Talala, Dist:Junagadh in the year 1962 and Entry No.138 on the basis of such purchase came to be certified on 20.03.1962. 6. The authorities also failed to consider the purchase of agricultural land of Village:Javitri by registered sale-deed and the Entry No.1179 in that regard came to be certified on 04.12.1998. 7. It is submitted that, if the authorities considered these aspects, the authorities would not have questioned the status of the agriculturist, as the petitioners upon expiry of their father on 31.05.1984 have received the agricultural land as legal heirs, and therefore, they were agriculturist from the beginning. 8. The purchase of land by the petitioner nos.1, 2, 3 & 5 at Village:Chhitrod, Tal:Talala, Dist:Junagadh under the registered sale-deed No.241/1999 dated 22.04.1999 and the Entry No. 845 was also certified on 23.04.1999. The petitioner no.5 had purchased the agricultural land vide registered sale-deed no.409/2002 on 30.10.2002 at Village:Jethiyavadar. 8. The purchase of land by the petitioner nos.1, 2, 3 & 5 at Village:Chhitrod, Tal:Talala, Dist:Junagadh under the registered sale-deed No.241/1999 dated 22.04.1999 and the Entry No. 845 was also certified on 23.04.1999. The petitioner no.5 had purchased the agricultural land vide registered sale-deed no.409/2002 on 30.10.2002 at Village:Jethiyavadar. The entry in this regard being Entry No.718 was also certified on 20.11.2002. The Petitioner Nos.1 to 4 had, thereafter, purchased the agricultural land at Village:Jethiyavadar from the petitioner no.5 under registered sale-deed vide Entry No.831, which was certified on 21.04.2007. 9. The Collector has not taken into consideration all these aspects and in the year 2019 and in fact, after a period of almost 49 years from the time of father’s status as agriculturiest, has questioned the status of the family as an agriculturist which is a long delay of 21 years, if date in the year 1999 is treated as relevant when other agricultural land was purchased. 10. Learned advocate for the petitioners has relied upon several decisions of this Court to substantiate his case with regard to the delay of 5 years, which was considered to be fatal in canceling the certified entry. 11. Learned AGP by relying upon the reasoning given by the revenue authorities submitted that it appears that entry no.138 was certified on 20/03/1962 upon purchasing of land of Survey No.70, 71, 72 of Village: Vitthalpur by Mr. Haridas Vasrambhai, father of the present petitioner nos.1 to 3. Moreover, the said land was sold as per entry no.181 dated 29/04/1968. Thereafter, the father of the petitioner nos.1 to 3 and 5 had purchased agricultural land bearing R.S. No.164 of Village: Javatri of Taluka: Talala in the year 1970 on 10/07/1970, entry no.1179 for the same in village form no.6 in the revenue records was certified on 04/02/1998. Mr. Haridasbhai Vasrambhai, father of the petitioner nos.1 to 3 and 5 had purchased the agricultural land at Village: Vitthalpur of Taluka: Talala in the year 1961 for the first time and sold the said land as per entry no.181 dated 29/04/1968. Thereafter, he purchased the agricultural land bearing R.S. No.164 of Village: Javatri of Taluka: Talala despite of being non-agriculturist on 10/07/1970. 12. It is submitted that consider overall, it appears that the father of the petitioner no.1 to 3 and 5 became agricultural land holder upon purchasing the land of Village: Javatri and Village: Vitthalpur. Thereafter, he purchased the agricultural land bearing R.S. No.164 of Village: Javatri of Taluka: Talala despite of being non-agriculturist on 10/07/1970. 12. It is submitted that consider overall, it appears that the father of the petitioner no.1 to 3 and 5 became agricultural land holder upon purchasing the land of Village: Javatri and Village: Vitthalpur. Moreover, the petitioner nos.1 to 3 and 5 became the agricultural land account holder upon purchasing land of Village: Chitrod. 13. It is submitted that looking to the provisions of the Ordinance-54, as the land was purchased by the non-agriculturist in present matter and as it clearly violates the Section-54 of the Ordinance, the entire land is to be vested to the government without compensation and encumbrance as per Section-75(A)(1)(2) of the Ordinance. Accordingly, the order of the Collector is correct. 14. Having considered the rival submissions of the learned advocate for the parties and having perused the documents on record, it appears that the revenue authorities were impressed by considering the fact that the once the father of the petitioners had sold of his agricultural land in the year 1968, and thereafter, the petitioners purchased the agricultural land after a substantial period, in that case, the petitioners had lost their status as agriculturist, and therefore, subsequent purchase of agricultural land is in breach of Section 75 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949. This finding of the revenue authority especially the Collector is recorded in Paragraph No.4.2 of its order, however, the mutation entries with regard to various purchases of the agricultural lands can be recorded on the basis of revenue entries as under:- Name of village Entry No. Description of entry Applicable Survey no. Vithalpur/Talala 138, Date of Sale 20/03/1962 Sold by Sava Naran to Haridas Vasrambhai (father of petitioners) 70, 71, 72 Vithalpur/Talala 181, Date of Sale 29/04/1968 Sold by Haridas Vasrambhai to Tulsi, Bhagwan and Parshottam 70, 71, 72 Javtri/Talala 1179, Date of Sale 04/02/1998 Sold by Sandhi Kasam Sharif to Thakkar Haridas Vashram 164. 7 Acre 00 guntha Javtri/Talala 1180, Succession date 04/12/1998 Pursuant to death of Haridas Vasram, names of Mansukhlal, Vinodchandra, Ushaben, Dhanlakshmiben, Rekhaben Haridas were admitted in records 164. 7 Acre 00 guntha Javtri/Talala 1207, date of sale 03/02/2000 Sold by Mansukhlal, Vinodchandra, Ushaben, Dhanlakshmiben, Rekhaben to Parshottambhai Mavjibhai 164. 7 Acre 00 guntha Javtri/Talala 1180, Succession date 04/12/1998 Pursuant to death of Haridas Vasram, names of Mansukhlal, Vinodchandra, Ushaben, Dhanlakshmiben, Rekhaben Haridas were admitted in records 164. 7 Acre 00 guntha Javtri/Talala 1207, date of sale 03/02/2000 Sold by Mansukhlal, Vinodchandra, Ushaben, Dhanlakshmiben, Rekhaben to Parshottambhai Mavjibhai 164. 7 Acre 00 guntha Chitrod/Talala 845, date of sale 23/04/1999 Sold by Jagjivan Rugnath and Jitendrakumar Hansukhlal to Mansukhlal, Vinodchandra, Ushaben, Dhanlakshmiben Haridas, admeasuring 2-10 guntha out of 9, 1-30 guntha out of 9 and 1-00 guntha out of 9 vide Sale Deed no. 241 dated 22/04/1999 Out of 9, 5 guntha Chitrod/Talala 1199, date of Sale 27/01/2006 Sold by Mansukhlal, Vinodchandra, Ushaben, Dhanlakshmiben Haridas to Rajeshkumar Jamnbhai Patel vide registered Sale Deed no. 145 dated 18/03/2005 9/2/P1, 9/2/P2 and 9/2/P3 Total land admeasuri ng He.Aa.2-02 - 34 sq.mt. Jethiyavadar/Bagsara 718, date of Sale 20/11/2002 Sold by Bhimbhai Narhardan Dadbhai to Ushaben alias Vinaben Haridas Kanabar vide Sale Deed no. 409 for land admeasuring A. 2-33 Gu. He.Aa.1-14-32 Sq.mt. 3 out of 52/1 Jethiyavadar/Bagasara 831, date of sale 21/06/2007 Sold by Ushaben alias Vinaben Haridasbhai to Mansukhbhai, Vinodchandra, Dhanlakshmiben Haridasbhai Kanabar and Bhavinbhai Champaklal Vadera vide Sale Deed no. 31 dated 09/03/2005 for land admeasuring 0-41-48 out of 1-14-35. 3 and 2 out of 52/1 Jethiyavadar/Bagasara 1251, entry in Records of Right, 23/05/2016 Names of Komalben, Sheetalben, Bhavinkumar, Dharaben Champaklal Vadra were admitted to the records for land admeasuring He.Aa. 0-72-84 sq.mt. of Ushaben alias Vinaben Haridas Kanabar during her lifetime. 3 and 1 out of 52/1 15. From the aforesaid, it appears that petitioners father purchased agricultural land (moje:Vitthalpur, Tal:Talala, Dist:Junagadh, S.No.70, 71, 72) by sale-deed dated 20.01.1962 and entry to said effect was mutated on 20.03.1962. The petitioners father sold above land (moje:Vitthalpur, Tal:Talala, Dist:Junagadh, S.No.70, 71, 72) on 29.04.1968 vide mutation entry no.181. Thereafter, the petitioners father purchased agricultural land (moje:Javatri, Tal:Talala, Dist:Junagadh, S.No.164) on 10.07.1970. Mutation Entry was certified on 04.12.1998 vide Entry No.1179. The petitioners father expired on 31.05.1984. So, the petitioners names were entered in S.No.164 (moje:Javatri, Tal:Talala, Dist:Junagadh) and petitioners became agriculturists. The petitioner nos.1, 2, 3 & 5 purchased agricultural land (moje:Chhitrod, Tal:Talala, Dist:Junagadh) on 22.04.1999. Mutation Entry No.845 was certified on 23.04.1999. The Petitioner Nos.1, 2, 3 & 5 had sold agricultural land (moje:Javatri, Tal:Talala, Dist:Junagadh) on 03.02.2000. Mutation Entry No.1207. Thus, the petitioner sold his land that time they are agriculturist. The petitioner nos.1, 2, 3 & 5 purchased agricultural land (moje:Chhitrod, Tal:Talala, Dist:Junagadh) on 22.04.1999. Mutation Entry No.845 was certified on 23.04.1999. The Petitioner Nos.1, 2, 3 & 5 had sold agricultural land (moje:Javatri, Tal:Talala, Dist:Junagadh) on 03.02.2000. Mutation Entry No.1207. Thus, the petitioner sold his land that time they are agriculturist. The petitioner no.5 purchased agricultural land (moje:Jethiyavada, Tal:Bagasara, Dist:Amreli) on 30.10.2002. Mutation Entry No.718 was certified on 20.11.2002. The petitioner nos.1, 2, 3 & 4 have purchased agricultural land from the petitioner no.5 (moje:Jethiyavada, Tal:Bagasara, Dist:Amreli) on 09.03.2005. Mutation Entry was certified on 21.06.2002. The petitioner nos.1, 2, 3 & 5 have sold agricultural land (at Chitrod, Tal:Talala, Dist:Junagadh) on 18.03.2005. Mutation Entry 1199 was certified on 27.01.2006. The petitioner nos.1, 2, 3 & 5 purchased some of agricultural land from S.No.52/1 paiki 3 paiki 2 (moje:Jethiyavadar, Tal:Bagasara, Dist:Amreli). That time petitioner nos.1, 2 & 3 were agriculturist. The Collector, Amreli issue suo-moto notice on 25.02.2019 after delay of 49 years. The petitioners father purchased second time agricultural land on 10.07.1970. Even the petitioner nos.1, 2, 3 & 5 became agriculturist from 04.12.1998. If that time would be count, that also delay of 21 years. The petitioner nos.1, 2 and 3 have sought certificate of agriculturist before the Mamlatdar, Talala on 11.07.2005 and that time Mamlatdar, Talal rejected on 11.07.2005 and that time , Mamlatdar, Talala rejected their application so they have preferred Appeal before the Madadnish Collector, Veraval and Madadnish, Colector passed order on 13.02.2007 and order of the Mamlatdar set aside and thereafter, Mamlatdar, Talala issued Agricultural Certificate for petitioner nos.1, 2, 3 and 5 on 13.03.2007. 16. However, the status of agriculturist depends upon the holding of an agricultural land. It is not the matter of dispute that the father of the petitioners was holding agricultural land since 1962. In the year 1968, there appears to be sale of said agricultural land of Villaeg:Vitthalpur, Tal:Talal, Dist:Junagadh. It is equally established as a matter of fact that after the sale in 1968, there is a breach of an agricultural land by the father of the petitioners on 10.07.1970 vide registered sale-deed of Survey No.164 of Village:Javitri, Tal:Talala. 17. The Court has taken into consideration the registered saledeed. It is equally established as a matter of fact that after the sale in 1968, there is a breach of an agricultural land by the father of the petitioners on 10.07.1970 vide registered sale-deed of Survey No.164 of Village:Javitri, Tal:Talala. 17. The Court has taken into consideration the registered saledeed. The mutation entry being Mutation Entry No.1179 in Village Form No.6 is produced along with the record, which refers to the registered sale-deed no.281 dated 10.07.1970 and the same is certified on 04.12.1998. This would indicate that the status of father of the petitioners as agriculturist was accepted when the Entry No.1179 of a document dated 10.07.1970 was certified. Thereafter, on 04.12.1998, Entry No.1180 is by way of succession when the father of the petitioner expired on 31.05.1984. This was also certified. Merely because there is a delay in certifying the mutation entry on the basis of registered sale-deed of 10.07.1970 and heirship entry on the basis of demise of father of the petitioners on 31.05.1984 will not denude the petitioner of their status as an agriculturist. Moreover, consistently, vide revenue entries made in the Year 1999, 2002, 2005 and 2007, the petitioners have one way or another dealt with agricultural land, and therefore, conclusion of the Collector with regards to violation of Section 75(G) of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 on account of petitioners’ being non-agriculturist cannot be upheld. 18. The aforesaid chronology indicate that though by the impugned order, the Collector appears to have set aside the revenue entry of the year 1998, but, in fact, is questioned the status of the agriculturist, which the father of the petitioners was holding in the year 1962 and after disposing of an agricultural land in the year 1968 and having purchased agricultural land in the year 1970 has in fact the decision of the revenue authority which was taken way back in the year 1968. 19. According to this Court, in view of facts and chronology indicating the transactions by the petitioners from time to time in agricultural land certified by the revenue authorities, the impugned order is grossly delayed and there does not appear to be any reasonable explanation for such delay. Therefore, the status of the petitioners are agriculturist cannot be disturbed and that too belatedly. 20. Therefore, the status of the petitioners are agriculturist cannot be disturbed and that too belatedly. 20. In view of aforesaid, the order dated 14.02.2020, passed by the S.S.R.D. in Revision Application No.MVV/HKP/Amal/87/2019, which confirms the order dated 19.11.2019 passed by the Collector in Suo-Motu proceedings numbered as RTS Nondh Revision No.58/2018 is ordered to be quashed and set aside. The Entry Nos.718, 831 and 1251 in the revenue record are ordered to be maintained, as prayed for. Rule is made absolute to the aforesaid extent.