Allowed

Bimalprasad Sumerchand Jain v. State of Gujarat

Gujarat HC19 Jun 2014SCA/12937/2013

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a petition filed under the Constitution and Gujarat Land Revenue Code. The court quashed an order by the Revenue Department that invalidated a land transaction, relying on registered confirmation deeds and settlement agreements proving heirs consented.

What did the court decide?

The impugned order dated 30.5.2013 was quashed and set aside. Rule is made absolute.

Bimalprasad Sumerchand Jain Vs State of Gujarat — Land Acquisition | Gujarat HC (2014)

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C/SCA/12937/2013 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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SPECIAL CIVIL APPLICATION NO. 12937 of 2013

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE RAJESH H.SHUKLA

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1 Whether Reporters of Local Papers may be allowed to see the judgment ?

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2 To be referred to the Reporter or not ?

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3 Whether their Lordships wish to see the fair copy of the judgment ?

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4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?

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5 Whether it is to be circulated to the civil judge ?

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BIMALPRASAD SUMERCHAND JAIN & 3....Petitioner(s) Versus

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STATE OF GUJARAT & 26....Respondent(s)

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================================================================ Appearance:

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MR ASIM J PANDYA, ADVOCATE for the Petitioner(s) No. 1 - 4 MR. UDIT MEHTA, AGP for the Respondent(s) No. 1

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RULE SERVED for the Respondent(s) No. 5.1 - 5.3 , 6 - 27

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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA

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Date : 19/06/2014

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ORAL JUDGMENT

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Page 1 of 3

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C/SCA/12937/2013 JUDGMENT

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The present Petition is filed by the petitioners under Articles 14, 19, 21 and 226 of the Constitution of India as well as under the provisions of the Gujarat Land Revenue Code for the prayer inter alia that appropriate writ, order or direction may be issued quashing and setting aside the impugned order passed in Revision Application No.123 of 2012 by the Respondent No.2 dated 30.5.2013 on the grounds stated in the application.

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Heard learned Counsel Shri Asim J. Pandya for the petitioners and learned AGP Shri Udit Mehta for Respondent Nos. 1 to 4. Though served Respondent Nos. 5 to 27 have not remained present.

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Learned Counsel Shri Asim Pandya has referred to the impugned order at Annexure-A and submitted that the Secretary (Appeals) Revenue Department while passing the order has made a note that the heirs of two deceased daughters – Maniben and Dhanuben are not brought on record and the transaction is without their consent and therefore it is nullity which would otherwise require a notice under Section 135 of the Code. This order came to be passed on 30.5.2013. However learned Counsel Shri Pandya pointedly referred to the specific documents executed pursuant to the settlement arrived at by and between the parties which has been recorded in confirmation deed as well as the writing / agreement ( Sahmati Karar ) produced at Annexure-I and also the Power of

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Page 2 of 3

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C/SCA/12937/2013 JUDGMENT

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Attorney executed pursuant to such settlement. The writing / agreement produced at Annexure-I referred to this document and has specifically stated that the application was filed before the Secretary (Appeals) and thereafter the parties have arrived at a amicable settlement. He therefore submitted that the impugned order deserves to be be quashed and set aside.

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Learned AGP Shri Udit Mehta has stated that appropriate order may be passed.

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In view of this submissions and the documents and the facts and also the document like confirmation deed which has been registered with Sub-Registrar Surat and also the writing / agreement with specific recitals about the settlement, the impugned order cannot be sustained and deserves to be quashed and set aside. Accordingly in view of the documents placed on record recording the compromise or settlement for which further deed has been executed the prayer as prayed for deserves to be granted. The present petition accordingly stands allowed. The impugned order at Annexure-A passed by Respondent No.2 in Revision Application No. 123 of 2012 dated 30.5.2013 is hereby quashed and set aside. Rule is made absolute. Direct service permitted.

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(RAJESH H.SHUKLA, J.)

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JNW

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Page 3 of 3

Bimalprasad Sumerchand Jain v. State of Gujarat

Case brief

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Bimalprasad Sumerchand Jain v. State of Gujarat

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