Case Note & Summary
The petitioner, Devayatbhai Baghubhai Khachar, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging the orders dated 15.03.2019 passed by the Special Secretary, Revenue Department (SSRD), confirming the order dated 28.02.2017 passed by the Collector, which in turn confirmed the order dated 30.03.2015 passed by the Deputy Collector. The impugned orders cancelled rectified revenue entry no. 481 and all subsequent revenue entries qua land bearing survey no. 54/2 situated at village Haldad, Taluka and District Botad. The petitioner sought quashing of these orders and a direction to the respondent authorities to correct the revenue records to show 8 acres 8 gunthas instead of 8 acres 19 gunthas and give effect to the excess 11 gunthas in his name. The petitioner's predecessor-in-title, Bhanabhai Champrajbhai Khachar and Baghubhai Bhanabhai Khachar, had acquired the land by a registered sale deed dated 19.05.1965. The petitioner claimed that the land was originally 8 acres 8 gunthas, but due to a clerical error, it was recorded as 8 acres 19 gunthas. The rectified entry no. 481 was made to correct this error. However, the private respondents (respondent nos. 5 and 6) objected, leading to the cancellation of the entry by the Deputy Collector, which was upheld by the Collector and SSRD. The court heard Mr. Panam Soni for the petitioner, Ms. Megha Jani with Ms. Krisha Bhimani for respondent nos. 5 and 6, and Mr. Angesh A. Panchal, AGP for the State. The court observed that the revenue authorities had not considered the petitioner's claim based on the registered sale deed and that the challenge by the private respondents was delayed. The court held that the impugned orders were unsustainable and quashed them, directing the respondent authorities to correct the revenue records to show 8 acres 8 gunthas and give effect to the excess 11 gunthas in the petitioner's name.
Headnote
A) Constitution of India - Article 226 - Writ Jurisdiction - Rectification of Revenue Entries - The petitioner challenged orders of the Deputy Collector, Collector, and SSRD cancelling rectified revenue entry no. 481 and subsequent entries qua land bearing survey no. 54/2 situated at village Haldad, Ta.Dist Botad. The court held that the revenue authorities failed to consider the petitioner's claim that the land was acquired by a registered sale deed and that the measurement discrepancy of 11 gunthas was a clerical error. The court quashed the impugned orders and directed the respondent authorities to correct the revenue records to show 8 acres 8 gunthas instead of 8 acres 19 gunthas and give effect to the excess 11 gunthas in the name of the petitioner. (Paras 1-9) B) Limitation - Delay and Laches - Challenge to Revenue Entries - The court noted that the rectified entry no. 481 was made in 2015 and the challenge by the private respondents was made after a considerable delay. The court held that the revenue authorities ought to have considered the delay and laches on the part of the objectors before cancelling the entry. (Paras 4-6) C) Evidence - Registered Sale Deed - Prima Facie Title - The petitioner's predecessor-in-title acquired the land by a registered sale deed dated 19.05.1965. The court held that the registered sale deed is a strong piece of evidence of title and the revenue authorities erred in ignoring it while cancelling the rectification entry. (Paras 3-5)
Issue of Consideration
Whether the revenue authorities were justified in cancelling the rectified revenue entry no. 481 and subsequent entries without considering the petitioner's claim of excess land based on a registered sale deed and measurement discrepancy.
Final Decision
The court allowed the petition, quashed the impugned orders dated 15.03.2019, 28.02.2017, and 30.03.2015, and directed the respondent authorities to correct the revenue records to show 8 acres 8 gunthas instead of 8 acres 19 gunthas and give effect to the excess 11 gunthas in the name of the petitioner.
Law Points
- Article 226 of the Constitution of India
- Rectification of revenue entries
- Power of revenue authorities to correct clerical errors
- Limitation for challenging revenue entries
- Principle of natural justice
