1. By way of this petition, the petitioners have prayed to quash and set aside the impugned order dated 21.05.2010 passed by the Chief Secretary, Revenue Department, in application no. MVV/JMN/GaDhNa/25/2009, whereby the stay application was rejected.
2. The short facts of the case are that on Somaji Sukaji executed a registered sale deed of block No. 97 of Village Palodia Taluka Kalol District Gandhinagar in favour of respondent no. 5 and the entry regarding the same came to be posted in Village Form No. 6. Thereafter, the Mamlatdar, vide order dated 15.12.1981, consolidated block no. 97 along with other 15 blocks and the same was numbered as block no. 92 and entry with regard to the same came to be posted in village form no. 6. On 25.01.1982, the joint owners of the consolidated block no. 92 executed a registered sale deed in favour of petitioners no. 1, 3 & 4 and the entry with the regard to same came to be posted in favour of the said petitioners. On 08.03.1982, the Taluka Development Officer, granted NA permission to the entire block no. 92. On 21.03.1998, entry no. 861 came to be posted regarding relinquishment of petitioners nos. 3 & 4 in favour of one Yogeshbhai. Thereafter, on 17.07.1998, entry no. 865 came to be posted deleting the name of petitioner no. 1 and entering the name of petitioner no. 2 association in the revenue records of the land in question and the said entry was certified on 31.08.1998. Some where in the year 2001, proceedings u/s. 79A of the Bombay Land Revenue Code were initiated for the alleged breach of condition by registering case no. 6/01. The Dy. Collector vide order dated 17.03.2006 ordered forfeiture of the land to State Government. Against the said order, the petitioners along with respondent no. 5 preferred Revision Application No. 50/2006 before the Collector, Gandhinagar. The Collector, vide order dated 24.08.2009 rejected the said revision application. Being aggrieved by the said order, the petitioners along with respondent no. 5 preferred Revision Application No. 25/2009 before the Secretary, [Appeals] Revenue Department along with stay application. The Secretary [Appeals] vide order dated 08.02.2010 admitted the said revision application. However, vide order dated 21.05.2010, the Secretary rejected the stay application preferred by the petitioners and respondent no. 5. Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. It appears from the record that originally the land bearing Block No. 97 of Village Palodia, Taluka Kalol, District Gandhinagar (Old Survey No.112/1, 112/2 & 113/3] was granted in favour of Somaji Sukaji Thakore, as new tenure vide order dated 10.09.1953 passed by respondent no. 2-Prant Officer. The said land bearing Block No. 97 was consolidated with other lands and given Block No. 92 which ought not to have been done since the lands belonged to different owners and were also of different tenure. After the consolidation, the names of the original owner and the grantee were deleted and the name of the transfree had been entered. Thus, it is established from the record that the new tenure land has been sold without any prior permission of the competent authority and thereafter, it has been converted into non-agricultural land.
4. Looking to the facts of the case and the evidence on record, it is apparent that the relevant provisions of the Bombay Land Revenue Code have been violated and hence, the authorities below were completely justified in passing the impugned orders. The revisional authority has rightly rejected the injunction application filed by the petitioners. I am in complete agreement with the reasoning given by and the findings arrived by the authorities below and hence, find no reasons to interfere with the same.
5. Consequently, the petition is dismissed. It is, however, observed that if an application is preferred by the petitioners before the Collector, Gandhinagar, within a period of 15 days from today, requesting the said authority not to dispossess them from the land in question, then the Collector shall grant such request, pending the final disposal of the revision application, on condition that the petitioners shall pay interest @ 12% p.a. on the market price of the land in question, which shall be ascertained by the Collector along with mense profit to the respondents. If no such application is preferred and/or if there is any breach in the payment of the interest amount and mense profit to the respondents, then in such case, it shall be open to the Collector to take possession of the land in question, after following due process of law. With the above observations and directions, the petition stands disposed of.
Direct Service is permitted.
[K.S.
JHAVERI, J.] /phalguni/ Top