Case Note & Summary
The petitioners, who were bona fide purchasers of land from Dahiben, challenged multiple orders of revenue authorities that cancelled their entry in the revenue record based on a registered sale deed. The land in question, located in Vadald, Taluka Petlad, was purchased in 2007, but the entry was cancelled on the grounds that it fell under the Gujarat Devasthan Inams Abolition Act, 1969. The petitioners argued that Dahiben had the legitimate right to sell the land and that the cancellation was unjustified as the Act had been repealed. The respondents contended that the sale was in contravention of the law and that the revenue authorities had acted within their jurisdiction. The court analyzed the legal principles surrounding the mutation of entries based on registered sale deeds and concluded that the revenue authorities had exceeded their jurisdiction by cancelling the entry without a civil court's annulment of the sale deed. The court emphasized that the revenue authorities must mutate entries based on registered documents unless challenged in civil proceedings. Ultimately, the court allowed the petition, quashing the impugned orders and directing the revenue authority to mutate the entry based on the registered sale deed within four weeks.
Headnote
A) Constitutional Law - Jurisdiction of Revenue Authorities - Cancellation of Entry - Articles 226 and 227 of the Constitution of India - Revenue authorities exceeded their jurisdiction by cancelling the entry based on a registered sale deed without any civil court order annulling the deed. The court held that the revenue authorities are bound to mutate entries based on registered documents unless challenged in civil proceedings (Paras 24-24).
Issue of Consideration
Whether the revenue authorities were justified in cancelling the entry based on the registered sale deed executed in favor of the petitioners.
Final Decision
The court allowed the petition, quashing the impugned orders and directing the revenue authority to mutate Entry No.11023 in the revenue record based on the registered sale deed within four weeks.
Law Points
- Articles 226 and 227 of the Constitution of India
- Bombay Land Revenue Code
- 1969
- Section 135D
- Section 135-C
- Gujarat Devasthan Inams Abolition Act
