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2022 DIGILAW 1582 (GUJ)

Parsottambhai Govindbhai Patel v. State Of Gujarat

2022-11-15

A.Y.KOGJE

body2022
ORDER : 1. This petition under Article 226 of the Constitution of India is filed by the petitioner for following reliefs:- “(B) Your Lordships may be pleased to issue a writ of Certiorari quashing and set aside the impugned order Revision Application numbered MAVIVI/JAMAN/AMAL/6/2015 dated 05/09/2017 passed by the Learned Special Secretary, Revenue Department, Ahmedaabd. (C) Your Lordships may be pleased to issue a writ of Certiorari quashing and set aside the order dated 30/10/2014 passed by the Learned Collector, Amreli. (D) Your Lordships may be pleased to writ/order/direction to reinstate the name of the petitioners in the revenue records as the owner and possessor of the said land and the possession of the said land be given by the Respondent No.6 to the petitioner herein.” 2. Learned advocate appearing for the petitioner submits that the petitioner seeks to approach this Court being aggrieved by the order dated 05.09.2017 passed by the Special Secretary, Revenue Department, Ahmedabad in the Revision Application No.6 of 2015 by virtue of which the Special Secretary, Revenue Department, Ahmedabad has been pleased to confirm the order dated 30.10.2014 passed by the Collector, Amreli in which the Collector, Amreli had passed the order of dismissing the application of the petitioner herein stating that the application of the petitioner cannot be considered as there is no breach of conditions and no irregularities in acquisition and transfer of the land to the Respondent No. 6, who presently is the owner and occupant of the land in question bearing Survey No. 65 admeasuring 9 acre 5 Gunthas, Survey No. 65 paiki admeasuring 5 acres 35 Gunthas, Survey No. 1165 admeasuring 5 acres 26 Gunthas and Survey No. 1167/1 admeasuring 1 acres 07 Gunthas, Mouje and Taluka: Amreli. It is submitted that land bearing Survey No. 1165 and 1167/1 along with the Survey No. 65 and 65 paiki have been entered into the Government Padtar by order of the Mamlatdar by order No.Land/506 dated 25.06.1956 as it was given to the construction department. The said fact is reflected by the mutation Entry No. 1715 dated 07.06.1965. Furthemore, the petitioner made a RTI Application dated 03.02.2020 to the Mamlatdar, Amreli with respect to the procurement of the revenue record of the said mutation entry however, by way of the reply dated 27.03.2020, the City Talati informed that no such revenue record has been found. The said fact is reflected by the mutation Entry No. 1715 dated 07.06.1965. Furthemore, the petitioner made a RTI Application dated 03.02.2020 to the Mamlatdar, Amreli with respect to the procurement of the revenue record of the said mutation entry however, by way of the reply dated 27.03.2020, the City Talati informed that no such revenue record has been found. It is submitted that the petitioner herein made a RTI Application dated 22.06.2010 to the Collector, Amreli, praying that the Survey No. 1165 and Survey no. 1167/1 has been acquired for different purposes therefore, asking for what respective purpose the said acquisition was carried out and in which year it was acquired and under which order. In addition, the petitioner prayed for serving a copy of the order by way of which the said land was transferred in the revenue records. Thereafter, the deputy collector provided evasive and unsatisfactory reply dated 07.10.2010 to the said RTI Applications. 2.1 It is submitted that the respondent No.6 purchased the said land from the father of the petitioner applying for permission from the Collector (Respondent No.3) and the permission dated 04.01.1961 to purchase the said land was given to the Respondent No.6 on certain conditions. It is submitted that the respondent No.6 has failed to fulfill conditions and therefore, the said permission is cancelled and order is revoked which is evident from the RTI applications in which it is clearly stated that non-agricultural land use permission is not obtained and the land is not utilized as per the purpose proposed in pursuant to the sale deed dated 17.04.1961. The permission is cancelled and the order is automatically revoked. 2.2. Learned advocate for the petitioner submits that the predecessor i.e. Govindbhai Jivraj Patel of the petitioner herein has made representation dated 26.05.1952 to the District Collector, Amreli praying that in the land bearing survey No. 65 admeasuring 48/8, the Government has taken therabout 10 Vigha out of the said land and has not utilized the said land for the said purpose it was taken therefore, the said land taken by the Government be returned to the predecessor of the petitioner herein. It is also submitted that the predecessor of the petitioner herein, Govind Jivraj Patel has made a representation dated 14.01.1956 to the Talati stating that in the land bearing survey No.65 admeaduring 48/8, the Government has taken a part of the land admeasuring 11 Vigha 12 Vasa for the purpose of constructing a bunglow in and around 1935-36, which was held by the Government for around 20 years however, the Government did not use the said land for the said purpose and hence, it was said that the land will be returned to the predecessor of the petitioner. The petitioner has made a representation dated 23.05.2013 to the District Prant Collector, Amreli, praying that the acquired land bearing survey No.1165 and survey No.1167/1 be returned back to the petitioner as the respondent No.6 has not utilized the land for the specific purpose it was taken thereby, breaching the conditions of the Collector herein. 2.3 It is submitted that the part of the land bearing survey No.1165 admeasuring 9 vigha 12 vasa has been taken by the State Government without due acquisition and no compensation has been paid to the petitioner whatsoever. The land bearing survey No.1165 and 1167/1 were acquired by the State Government from the petitioner, an agriculturist in the year 1962 by way of resolution dated 23.01.1962 of the Collector. The petitioner has made a representation to the Collector, Amreli praying to restore the title of the petitioner and return the land bearing survey No.1165 admeasuring 5 acre 26 Gunthas and 1167/1 admeasuring 1 acre 07 Gunthas considering the breach of conditions of the Collector, Amreli by the respondent No.6. The acquired land bearing survey No.1165 and survey No.1167/1 has been utilized for agriculture purpose till the year 1962 until when it was given to respondent No.6 by Resolution dated 23.02.1962 by changing the nature of said land. 3. Learned Assistant Government Pleader appearing for the State submitted that it is not true that the agriculture lands of Survey Nos. 1165 ad-measuring 5 Acres 26 Gunthas and survey No. 1167 admeasuring 1 Acre 07 Gunthas were of the independent /free hold ownership and occupancy of Govind Patel-father of the Petitioner. 3. Learned Assistant Government Pleader appearing for the State submitted that it is not true that the agriculture lands of Survey Nos. 1165 ad-measuring 5 Acres 26 Gunthas and survey No. 1167 admeasuring 1 Acre 07 Gunthas were of the independent /free hold ownership and occupancy of Govind Patel-father of the Petitioner. In the year 1961, as the petitioner's father, Govind Jivaraj have accepted the consideration amount as per the market price of that time from the Trust and have executed registered Sale Deed on 17.04.1961 in favor of Trust and hence the petitioner or any of his heirs has no right, share or interest in the claimed land. As the Trust wanted to build educational complex on the disputed land and other adjacent lands, so it was decided to purchase these lands from the petitioner's father. As the disputed land is an agricultural land and respondent No.5 is not an Agriculturist (Farmer) account holder, so they could not purchase the agricultural land. So the Collector has granted permission to respondent No.5 to purchase the disputed land with subject to certain conditions on 04.01.1961. There is nothing to say about the condition which is written for that purpose. But this land itself was sold by registered sale document in the year 1961 as per the market price of that time by paying the consideration amount according to the measures of the govt. and after obtaining permission from the Government. It is submitted that Years ago, among the first colleges in Amreli district were Prataparai Arts College, Kamani Science College and K. K. Parekh Commerce College. The big buildings of these colleges were built before many years after obtaining all the permissions and by following the conditions. There is a college, a library, an engineering college located over there. Hence, a big educational complex is functioning and various educational activities are conducted at this place. All these constructions are done by following the entire procedures and by strictly following the conditions. There are huge educational complexes in which many Colleges, Schools, Engineering Colleges, Women's Arts Colleges etc. are situated in it and thousands of students are studying there. Also there are huge hostels too. A large playground is also built and many games are been played over there. Hence, full land is been utilized even today. All these lands are consolidated/ merged and there are various schools, colleges etc. are situated in it and thousands of students are studying there. Also there are huge hostels too. A large playground is also built and many games are been played over there. Hence, full land is been utilized even today. All these lands are consolidated/ merged and there are various schools, colleges etc. in all these complexes. 4. The Court has heard learned advocates for the parties and perused the documents placed on record. The respondent No.6 had purchased the land of the petitioner bearing survey No.65 admeasuring 9 acres 05 Gunthas and Survey No.65 paiki admeasuring 5 acres 35 Gunthas from the petitioner’s father along with the other land nearby the land of the petitioner. it is alleged that respondent No.6 had breached the above mentioned conditions. 5. On considering the opinion of the concern Department/Offices, the lands bearing Survey Nos. 65 paiki 5 admeasuring Acres 35 Gunthas (Yards) and 65 paiki ademearuing 9 Acres 05 Gunthas (Yards) were purchased by Vidhyasabha Trust from the father of the petitioner. Further, the land bearing Survey Nos.1165 admeasuring 5 Acres–26 Gunthas 1167 1 Acre–07 Gunthas was allotted by the Government to Vidhyasahba Trust vide resolution dated 19.06.1962 with Revenue (tax) exemption. The lands acquired by the Vidhyasabha Trust as per the above details is used for the purpose of education as well as for Sports ground. Hence, as no breach of condition is been done. So on such fact, the demand of the petitioner is not acceptable. 6. The Government out of the said total land of the petitioner had acquired certain land of the petitioner alongwith other land near petitioner’s survey numbers and the total land were given new survey number bearing survey No.1165 and 1167/1. The said land was acquired for public purpose however, the requisite compensation was paid to the ancestors of the petitioner herein. Thereby the said land was given to the respondent No.6 by resolution No.23.07.1962. 7. The petitioner's revision application, written/oral arguments of the advocate, supporting evidence were presented, and the records against the impugned order of the Collector- Amreli were taken into consideration. The land parcels of Amreli Survey No.65 admeasuring 09 Acres 05 Guthas and 05 Acres 35 Gunthas have been sold by registered document after paying sufficient consideration amount on obtaining the approval of Collector, Amreli. The land parcels of Amreli Survey No.65 admeasuring 09 Acres 05 Guthas and 05 Acres 35 Gunthas have been sold by registered document after paying sufficient consideration amount on obtaining the approval of Collector, Amreli. The lands of Amreli survey No.65 paiki (out of) 05 Acres - 35 Guntha land and 09 Acres - 05 Guntha is used by the Vidhyasabha Trust for educational purposes as per the approval conditions. Also the lands of survey No. 1165 of 05 acres - 26 Guntha and survey no. 1167 of 01 Acre - 07 Guntha has been allotted to Vidhyasabha Trust with revenue waiver (exemption of revenue Tax) by the Govt. Resolution dated 19.05.19622. Regarding the Application/petition of the petitioner, Deputy Collector, Amreli have conducted an investigation through the Executive Magistrate (Mamlatdar)-Amreli and called for a report on 07.02.2014. Considering the location of this disputed land, the lands situated nearby the Vidhyasabha have been merged . The Vidhyasabha purchased this land vide a Registered Sale Deed in the year 1961 with Record of Rights (R.O.R.) entry No. 2781 was entered in the records and the same has been approved. Hence, they are the Bonafide purchasers. The registered deed is not cancelled. Also the land of survey No. 1165 admeasuring 05 acres - 26 Guntha and the land bearing survey No. 1167 admeasuring 01 Acre-07 Guntha have been alloted to this Vidhyasabha Trust with revenue exemption on 19.05.1962. Amreli Vidhyasabha Trust uses this land for educational purposes. When Amreli District came into existence, the first Chief Minister of Gujarat, Dr. Jivaraj Mehta took personal interest in developing Amreli district for educational purposes by following all the legal procedures and conditions strictly. Among the first Colleges of Amreli district the big buildings of Prataparai Arts College, Kamani Science College and K. K. Parekh Commerce College were built years ago after taking all the permissions, following the conditions. There is also a library. A large Academic Complex is functioning in the College of Engineering and various academic activities are conducted there. Even today, there are many Colleges, Schools, Engineering Colleges, Women's Arts Colleges etc. are been functioning in vast Educational Complex in the disputed land and thousands of students are studying in hostels over there. Also, many sports are organized by making a big playground. So, the utilization of the entire land has been continued even today also. Even today, there are many Colleges, Schools, Engineering Colleges, Women's Arts Colleges etc. are been functioning in vast Educational Complex in the disputed land and thousands of students are studying in hostels over there. Also, many sports are organized by making a big playground. So, the utilization of the entire land has been continued even today also. Thus, the Collector, Amreli has studied the case and verified the Revenue records and drawn the conclusions giving reasons, which appears to be fair and reasonable considering the provisions of the Revenue Acts, Rules, Circulars. hence, the impugned order of Collector- Amreli is correct, it does not seem appropriate to interfere in it. 8. In view of the aforesaid, the Court is not inclined to interfere and entertain the petition. The petition therefore, deserves to be and the same is hereby dismissed.