The Gujarat High Court ruled that Land sold in public auction, when no condition attached to Sale order then there cannot be a feater of rights to sale of land in question.
The dispute is in respect of land admeasuring 5 Acre of Survey of Village Meghvadiya. The petitioner’s husband became the owner and occupier of the land admeasuring 15.09 Acres by virtue of grant of order passed by the Mamlatdar, an entry no.99 came to be mutated in this regard in the revenue record. Thereafter, an entry no.174 came to be mutated regarding the family partition and the same came to be in the share of the private respondent. That the present petitioner purchased the said land from the private respondent by registered sale deed. The Deputy Collector, Palitana initiated proceedings in respect of the breach of condition regarding the transaction of petitioner and by order the Deputy Collector came to the conclusion that the transaction in favour of the petitioner is in breach of the original grant order and further held that the said land now required to be considered as the Government land.
Advocate Jigar P. Raval, appearing for the petitioner, contended that there is a gross delay of 24 years in initiating RTS proceedings. He has also argued that the land was originally purchased by the deceased as an auction purchaser and therefore, there can not be any condition of new tenure land.
AGP Nikunj Kanara, appearing for the respondent State, supported the impugned orders and has contended that since there is a breach of condition of the original allotment, the initiation of proceedings even after lapse of 24 years is justified.
The single judge bench of Justice A. P. Thaker noted that the government waste land of Village Meghvadiya came to be sold in a public auction by the revenue authority.
The court stated that when the land was sold in a public auction and when there is no any condition attached to the said order of sale, then there can not be a feater of the rights of the person concerned to sale of the land in question.
The court while allowing the petition quashed and set aside the order passed by the Special Secretary (Appeals) Revenue Department in Revision Application and the order of Collector, Bhavnagar and the order of Deputy Collector, Palitana
Case title: Hirabhai Lakhabhai Bharwad @ Virabhai Lakhabhai Bharwad v/s State of Gujarat & 5 other(s)
Citation: R/SPECIAL CIVIL APPLICATION NO. 12388 of 2015