Case Note & Summary
The petitioner, Sintex Power Limited, purchased agricultural land in Village Lunsapur, Taluka Jafrabad, District Amreli, Gujarat, comprising Survey No.147/1 (7588 sq. mtrs.) and Survey No.147/2P1 (10177 sq. mtrs.). After purchase, the petitioner's name was mutated in the revenue records vide Entry No.3232. Subsequently, the respondent authorities cancelled the said entry and also passed an order in revision confirming the cancellation. The petitioner challenged both orders before the High Court. The main contention was that the petitioner was a bona fide purchaser for value without notice of any defect in title. The court examined the provisions of the Gujarat Land Revenue Code, 1879 and held that the revisional authority had not considered the petitioner's bona fide status. The court quashed the impugned orders and directed that the petitioner's name continue in the revenue records. The decision was in favour of the petitioner.
Headnote
A) Land Law - Revenue Entry - Cancellation - Bona Fide Purchaser - Gujarat Land Revenue Code, 1879 - The petitioner purchased land and got revenue entry mutated. The revisional authority cancelled the entry without considering that the petitioner was a bona fide purchaser for value without notice. Held that the revisional authority ought to have considered the petitioner's status as a bona fide purchaser and the entry could not be cancelled without affording opportunity of hearing (Paras 1-15).
Issue of Consideration
Whether the revisional authority was justified in cancelling the revenue entry in favour of the petitioner without considering that the petitioner was a bona fide purchaser for value without notice of any prior defect.
Final Decision
The petition is allowed. The impugned order dated 31.03.2018 passed by respondent no.1 and order dated 07.05.2016 passed by respondent no.2 are quashed and set aside. The petitioner's name shall continue in the revenue records in respect of the subject lands.
Law Points
- Bona fide purchaser for value without notice
- Revenue entry cancellation
- Revisional authority's jurisdiction
- Natural justice
- Gujarat Land Revenue Code
- 1879
