Allowed

Rekhaben Kantilal Bhandari Wife of Milan Patel and Ors. v. the Mamlatdar Silvassa Dadra and Nagar Haveli and Anr.

Bombay HC23 Jan 2024WP/1046/2024

Case brief

AI extract

What is this about?

This writ petition challenged an order rejecting a spot survey application due to pending civil suits. The High Court held that civil litigation does not bar revenue procedures, quashed the impugned order, and directed the authorities to conduct the survey, measure the land, and provide a certified map.

What did the court decide?

Quashed order dated 28.11.2023; Directed Respondent No.3 to carry out spot survey, measure land, and provide certified map within four weeks with police protection.

Rekhaben Kantilal Bhandari Wife of Milan Patel… — Civil Procedure and Limitation | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1046 OF 2024

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Smt. Rekhaben Kantilal Bhandari Wife of Milan Patel Age:35 years, Occupation: agriculture

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Smt. Chanchalben Dilipbhai Aged about : 58 Years, Occupation: Agriculturist

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Smit Rashmi d/o Dilipbhai w/o Vipul Bhandi, Aged about 43 years, Occupation Agriculturist

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Smt Yogisha d/o Dilip Bhandari, w/o Dharmesh Bhandari Aged about : 40 Years, Occupation : Agriculturist

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Smt Tejal w/o Viral, d/o Dilip Bhandari, Aged about : 38 Years, Occupation: Agriculturist,

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Smt Jigisha Dilp w/o Dharmesh Bhandari Aged about : 32 Years, Occupation : Agriculturist

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Smt Sapana Jainish Bhandari, d/o Dilip Bhandari. Aged about: 28 Years, Occupation : Agriculturist

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Ashvini Kakde

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This order is modified by the order dated 8^th February 2024

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Shri Jigar Dilipbhai Bhandari Aged about: 20 Years, Occupation: Agriculturist

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Smt Radhaben Kantilal Bhandari Aged about : 65 Years, Occupation: Agriculturist

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Smt. Asmita w/o Dilipbhai Patel, Aged about : 45 Years, Occupation: Agriculturist

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Smt Kalpanaben w/o Sunil Patel Aged about : 42 Years, Occupation: Agriculturist

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Smt Nita Hiren Thakor, Aged about: 40 Years, Occupation : Agriculturist

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Smt Nisha w/o Pinal Patel, Aged about: 35 Years, Occupation : Agriculturist

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Smt Bhumika Vimal Bhandari, Aged about : 32 Years, Occupation: agriculturist

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Smt Kaushika d/o Dilip w/o Dharmesh Bhandari, Aged about: 45 Years, Occupation: Agriculturist

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All residing at, School Faliya, Khardpada, Silvassa, Dadra and Nagar Haveli.

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… Petitioners

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Ashvini Kakde This order is modified by the order dated 8^th February 2024

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Versus

The Mamlatdar, Silvassa, Dadra and Nagar Haveli Pincod-396230

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The Resident Deputy Collector, Silvassa, Dadra and Nagar Haveli Pincode-396230

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The Survey and Settlement Officers Silvassa, Dadra and Nagar Haveli Pincode-396230 … Respondents

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Mr. Hardik Joshi for the Petitioners. Mr. Hiten Venegoankar a/w. Mr. Ayush Kedia for the Respondents.

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CORAM : G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATE : 23^rd JANUARY 2024.

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Oral Judgement (Per Firdosh P. Pooniwalla J.):-

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Rule. Rule made returnable forthwith. Heard finally by consent of

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the parties.

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Present Petition is filed under Article 226 of the Constitution of India seeking the following final reliefs:-

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“a) This Hon’ble Court by issue an appropriate writ, direction or order be pleased to quash and set aside order dated 28.11.2023 passed by Ld. Resident Deputy Collector, Silvassa;

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Ashvini Kakde This order is modified by the order dated 8^th February 2024

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b) This Hon’ble Court be pleased to issue an appropriate writ, direction or order under Article 226 of the Constitution of India, directing Respondent No.1 Ld. Mamlatdar, Silvassa, DNH, and Respondent no.3, the Survey and Settlement Officer, Silvassa being the appropriate authority to carry out spot survey and measurement in presence of the Petitioner, Family members and all necessary parties and provide certified map of such survey to the Petitioner in respect land bearing survey no. 384/1p1 situated at situated at Village Kharadpada, D & NH.;

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The Petitioners are the owners of land bearing Survey No.384/1p1 admeasuring around 30 Ares, situated at Village Kharadpada, Dadra and Nagar Haveli (“the said land”) and the names of the Petitioners are reflected in the Revenue Records in respect of the said land. The original occupancy rights in respect of the said land were granted in favour of one Vajiyaben Vallabhbhai Bhandari by Order dated 18^th October 1976 passed by the Land Reform Officer, Dadra and Nagar Haveli. The Petitioners are lineal descendants of Vajiyaben Vallabhbhai Bhandari.

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It is the case of the Petitioners that a part of the said land has been encroached upon and therefore there is a dispute regarding the boundary of the said land. In order to crystallise the boundary of the said land, the Petitioners filed an Application dated 11^th January 2021, for carrying out spot survey and for demarcating the boundary of the said land. The said Application was made to the Survey Settlement Department, Silvassa. The Petitioners also paid the necessary charges for carrying out the spot survey of the said land.

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Thereafter, since sport survey of the said land was not carried out, the Petitioners addressed a letter dated 20^th January 2022 to the revenue

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Ashvini Kakde

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This order is modified by the order dated 8^th February 2024

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officials of Silvassa for carrying out the spot survey of the said land.

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Thereafter, Respondent No.3 issued a Notice dated 28^th January 2022 to the Petitioners and encroachers of the said land stating that the survey would be carried out on 2^nd February 2022, at 10.30 a.m.

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It is the case of the Petitioners that the encroachers did not allow the Revenue Officials to carry out the spot survey as mentioned in the Notice dated 28^th January 2022.

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Thereafter, Respondent No.3 issued a notice dated 14^th March 2022 stating that the next survey was scheduled on 23^rd March 2022, at 10.30 a.m., as the previous survey could not be carried out due to non cooperation by the parties.

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On 23^rd March 2022, the Revenue Officers visited the site but the encroachers resisted the survey. It is also the case of the Petitioners that the Revenue Officers were hand in glove with the encroachers who were none other than a superior authority working in the Revenue Department.

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The Petitioners then approached the Administrator, Dadra and Nagar Haveli, for the purposes of carrying out spot survey of the said land. It is the case of the Petitioners that, upon the strict and categoric directions of the Administrator, the survey officers were directed to carry out the survey without any further delay.

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Ashvini Kakde

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This order is modified by the order dated 8^th February 2024

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It is the case of the Petitioners that the survey officers carried out survey on 18^th January 2023 but did not follow the due procedure for carrying out the survey of the said land. Further, even after carrying out the so called survey of the said land, the survey department has till date not provided any map of the said land.

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The Petitioners appraised the Collector, Silvassa, about the same and to the surprise of the Petitioners, Respondent No.2, by an Order dated 28^th November 2023, disposed of the Application dated 11^th January 2023 made by the Petitioners without recording any justifiable reasons except stating that Civil Suits had been filed claiming rights over the said land.

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Aggrieved by the actions of the Respondents, the Petitioner has filed the present Petition seeking the final reliefs set out herein above.

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In our view, since, the Petitioners had made an Application for carrying out a spot survey of the said land, measurement of the said land and also for furnishing a certified map of such survey, the Petitioners cannot be refused the same merely on the ground that Civil Suits have been filed claiming rights over the said land. Filing of the Civil Suits in respect of the said land does not bar the Respondents from carrying out a spot survey of the said land or from measuring the same or from preparing a survey map of the said land. In our view, Respondent No.3 is required to carry out the said spot survey, measure the said land and provide to the Petitioners a survey map of the said land.

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Ashvini Kakde This order is modified by the order dated 8^th February 2024

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For the aforesaid reasons, we hereby pass the following Orders:-

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a. Order dated 28^th November 2023 is hereby quashed and set aside.

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b. Respondent No.3 is directed to carry out a spot survey of the land bearing survey No. 384/1p1 situated at Village Kharadpada, Dadra and Nagar Haveli, in the presence of the Petitioners and all the necessary parties, after giving prior notice to them, to measure the said land and to provide to the Petitioner a survey map of the said land. The officer in charge of the concerned police station is directed to provide such police protection as is required by Respondent No.3 for carrying out the said spot survey and measurement of the said land.

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b.1 The inspection is permitted to be videographed, which be undertaken by the concerned officer at the cost of the Petitioner and be completed within four weeks from the date the order is presented before the concerned authority.

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c. Rule is made absolute in the aforesaid terms.

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d. There shall be no order as to costs.

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(FIRDOSH P. POONIWALLA, J.)

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(G. S. KULKARNI, J.)

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Ashvini Kakde This order is modified by the order dated 8^th February 2024

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Rekhaben Kantilal Bhandari Wife of Milan Patel and Ors. v. the Mamlatdar Silvassa Dadra and Nagar Haveli and Anr.

Case brief

What is this about?

What did the court decide?

Rekhaben Kantilal Bhandari Wife of Milan Patel and Ors. v. the Mamlatdar Silvassa Dadra and Nagar Haveli and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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