Case Note & Summary
The petitioner filed a Special Civil Application under Article 227 of Constitution of India challenging orders passed by revenue authorities cancelling Mutation Entry No. 1884 in her favour -- The petitioner had purchased agricultural land through registered sale deed dated 10.08.2015 and Entry No. 1884 was mutated on 13.08.2015 -- The Circle Officer cancelled the entry citing non-service of notice under Section 135D of Bombay Land Revenue Code, 1879 and questioning petitioner's agriculturist status -- The petitioner's appeals before Deputy Collector, Collector and Revision before Secretary Revenue Department were all rejected -- The High Court found that petitioner's name was already mutated in pre-degree records through Entry No. 1686 which had attained finality -- The Court held that cancellation was arbitrary and violated natural justice principles -- All impugned orders were quashed and authorities were directed to mutate the entry in petitioner's favour
Headnote
The Gujarat High Court exercised its supervisory jurisdiction under Article 227 of Constitution of India to quash orders passed by revenue authorities cancelling Mutation Entry No. 1884 -- The petitioner had purchased agricultural land through registered sale deed and sought mutation of her name in revenue records -- Revenue authorities cancelled the mutation entry citing non-service of notice under Section 135D of Bombay Land Revenue Code, 1879 and questioning petitioner's agriculturist status -- The Court held that petitioner's name was already mutated in pre-degree records through Entry No. 1686 which had attained finality -- The Court found that cancellation of mutation entry was arbitrary and violated principles of natural justice -- The impugned orders passed by Secretary Revenue Department, Collector, Deputy Collector and Circle Officer were set aside -- The authorities were directed to mutate the entry in favour of the petitioner
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Issue of Consideration: The Issue of whether the revenue authorities were justified in cancelling Mutation Entry No. 1884 in favour of the petitioner on grounds of non-service of notice under Section 135D of Bombay Land Revenue Code, 1879 and alleged non-agriculturist status of the petitioner
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Final Decision
The High Court allowed the Special Civil Application -- All impugned orders were quashed and set aside -- The authorities were directed to mutate Entry No. 1884 in favour of the petitioner
