SCA/30326/2007 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 30326 of 2007 For Approval and Signature: HON'BLE SMT. JUSTICE ABHILASHA KUMARI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PATEL ALKESHKUMAR MANILAL - Petitioner(s) Versus DISTRICT COLLECTOR MEHSANA & 1 - Respondent(s) ========================================================= Appearance : MR PRAKASH K JANI for Petitioner(s) : 1, MR JK SHAH ASSISTANT GOVERNMENT PLEADER for Respondent(s) : 1 - 2. ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 13/02/2008 ORAL JUDGMENT 1. RULE. Mr. Jaswant K. Shah, learned Assistant Government Pleader, waives service of rule on behalf of the respondents. With the consent of the learned counsel for the respective parties, the matter is being finally SCA/30326/2007 2/7 JUDGMENT decided today. 2. This petition, under Article 226 of the Constitution of India, has been filed with a prayer to quash and set aside the order dated 6th March, 2007, passed by the District Collector, which is annexed as Annexure “S” to the petition, and also the order dated 14th March, 2007, passed by the Mamlatdar, Visnagar, which is annexed at Annexure “R” to the petition, and further to direct the respondents to grant the application filed by the petitioner dated 3rd March, 2007 requesting to record his name in Form No. 6 as the owner of the land in question. 3. Briefly stated, the facts of the case are that the father and predecessor-in-interest of the petitioner, was the highest bidder of the land in question, bearing Survey Nos. 600, 602 and 604, admeasuring 12 Acre and 29 Gunthas, belonging to Shri Bhandu Group Co-operative Cotton Sale, Ginning Pressing Society Limited, in the auction which took place on 17th May, 1990. The said land was earlier granted to said Shri Bhandu Group Co- operative Cotton Sale, Ginning Pressing Society Limited vide order dated 22nd September, 1972 by the State Government on certain conditions. Pursuant to the public advertisement in the newspaper dated 4th May, 1990, the SCA/30326/2007 3/7 JUDGMENT father of the petitioner took part in the auction held on 17th May, 1990 and was the highest bidder at Rs.10,98,000/-. The full payment of the amount of auction money was made on 3rd November, 2003. Thereafter, the Sale Deed was executed by the Official Liquidator on 15th January, 2007, a copy of which is annexed as Annexure “P” to the petition. Pursuant to the execution of the Sale Deed, the petitioner submitted an application to the Mamlatdar, Visnagar dated 3rd March, 2007, requesting him to record his name in Form No. 6, as the owner of the land in question. A copy of this application is annexed as Annexure “Q” to the petition. The Mamlatdar, Visnagar, respondent no. 2 herein, vide communication dated 14th March, 2007, informed the petitioner that there is a direction from the District Collector, communicated vide letter dated 6th March, 2007, that the mutation entry regarding the sale of the land in question to the petitioner, may not be effected in the Revenue Records. 4. Being aggrieved by the communication dated 14th March, 2007, which is annexed as Annexure “R” to the petition, the petitioner has filed the present writ petition. 5. I have heard Mr. Prakash K. Jani, learned counsel for the petitioner and Mr. Jaswant K. Shah, SCA/30326/2007 4/7 JUDGMENT learned Assistant Government Pleader for the respondents and have gone through the averments made in the petition as well as the documents annexed thereto. 6. A perusal of the letter dated 6th March, 2007, of the District Collector, Mehsana, to the Official Liquidator, makes it clear that as per the condition no. 4 of the order dated 22nd September, 1972, an appropriate amount of the sale proceeds were to be paid by the Liquidator to the District Collector's Office and, that having not being done, the District Collector had issued instructions to the Mamlatdar, not to effect the mutation entry of the land in question, in the name of the petitioner. Further, the communication/order dated 14th March, 2007 of the Mamlatdar, addressed to the petitioner, which is annexed as Annexure “R” to the petition, discloses that the Mamlatdar has postponed the mutation entry in favour of the petitioner in view of the letter dated 6th March, 2007 of the District Collector, in that regard. 7. The petitioner is, undoubtedly the Auction Purchaser of the land in question and has paid full consideration for the said land. The Sale Deed in respect of this land has been executed on 15th January, 2007. The petitioner has now become the owner of the land in SCA/30326/2007 5/7 JUDGMENT question, after paying full consideration for the same, in legal and valid auction proceedings, which are not disputed by the respondents. 8. In this view of the matter, there is no plausible reason why the mutation entry regarding the land in question in favour of the petitioner, should not be effected in the Revenue Records. The reason given by the District Collector in letter dated 6th March, 2007, addressed to the Liquidator, is that the appropriate amount, as stipulated by the condition no. 4 of the order dated 22nd September, 1972 vide which the land in question was granted to the original owner, i.e., Shri Bhandu Group Co-operative Cotton Sale, Ginning Pressing Society Limited, is yet to be recovered from the Liquidator, and till such time, the amount is appropriated, the necessary revenue entries cannot be effected. This is an internal matter between the Collector and the Liquidator and the petitioner does not have any concern with the same. The mutation in favour of the petitioner cannot be withheld for an indefinite period of time due to the issues which may be pending between the Collector and the Liquidator, and which can be sorted out by them inter-se. There is no legal or statutory bar against effecting the mutation entry in favour of the petitioner in the Revenue Records, and this position is not disputed by the learned SCA/30326/2007 6/7 JUDGMENT Assistant Government Pleader, as well. 9. Accordingly, I am of the considered opinion that the writ petition deserves to be allowed, and it is, therefore, allowed. 10. The directions of the respondent no. 1 to the respondent no. 2 contained in the letter dated 6th March, 2007 to the effect that the mutation entry regarding the land in question be not effected in favour of the petitioner are quashed and set aside to that extent. Further, the order dated 14th March, 2007, is quashed and set aside and the respondent no. 2 is directed to consider the application of the petitioner dated 3rd March, 2007, and pass an appropriate order, in accordance with law, as expeditiously as possible. It is open to the respondent no. 4 to recover the appropriate amount as per the condition no. 4 of the order dated 22nd September, 1972 from the Official Liquidator of Shri Bhandu Group Co-operative Cotton Sale, Ginning Pressing Society Limited. 11. Rule is made absolute to the aforesaid extent. There shall be no orders as to costs. [Smt. Abhilasha Kumari, J.] SCA/30326/2007 7/7 JUDGMENT /phalguni/