Rajabhai Ramdhebhai Pithiya vs State Of Gujarat

A.J. Desai, J

By way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs:-

"a. To admit and allow this petition;

b. To quash and set aside the (i) order dated 24.4.2008 of the Mamlatdar, Manavadar passed in Case No. Jamin/C/1215/08 (Annexure-A), (ii) order dated 28.11.2008 passed by the Deputy Collector in Misc. Appeal No. 4/2008 (Annexure-B); (iii) order of the learned Collector, Junagadh dated 24.9.2014 passed in Case No. Land/4/Remand Case No. 19/12-13 (Annexure-E); and order dated 20.5.2017 of the Secretary (Appeals) Revenue Department, Ahmedabad passed in Revision Application No. MVV/HKP/JND/21/2014 (Annexure-F); by holding and declaring the same as being illegal, bad in law, erroneous and against the provisions of law and weight of evidence on record.

c. During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the implementation, operation and effect of the impugned (i) order dated 24.4.2008 of the Mamlatdar, Manavadar passed in Case No. Jamin/C/1215/08 (Annexure-A), (ii) order dated 28.11.2008 passed by the Deputy Collector in Misc. Appeal No. 4/2008 (Annexure-B); (iii) order of the learned Collector, Junagadh dated 24.9.2014 passed in Case No. Land/4/Remand Case No. 19/12-13 (Annexure-E); and order dated 20.5.2017 of the Secretary (Appeals) Revenue Department, Ahmedabad passed in Revision Application No. MVV/HKP/JND/21/2014 (Annexure-F);"

The short facts arise from the record are as under:-

The petitioners who are agriculturists were holding agricultural land bearing Survey No. 142/P3 (217) at village Matiyana, Tal. Manavadar, Dist. Junagadh. The said land was sold by the petitioners on 1.6.2007 by executing registered Sale Deed. Thereafter, the petitioners purchased another parcel of agricultural land bearing Revenue Survey No. 166 at village Khimpadar, Tal. Mendarda, Dist. Junagadh by executing Registered Sale Deed on 5.6.2007. Thereafter, the petitioners by an application dated 27.3.2008 requested the Mamlatdar, Manavadar to issue Certificate declaring them as agriculturists since they had purchased the agricultural land. The Mamlatdar, Manavadar vide order dated 24.4.2008 refused to issue such Certificate by holding that the land which were held by the petitioners bearing Survey No. 142/P3 (217) of village Matiyana, Tal. Manavadar, Dist. Junagadh were sold by them.

The petitioners challenged the said decision before the Deputy Collector, Collector and thereafter Special Secretary, Revenue Department (Appeals), Ahmedabad. The SSRD by his order dated 6.11.2012 passed in Revision Application No. 71 of 2009 allowed the revision application of the petitioners and quashed and set aside the order dated 18.11.2009 of the Collector, Junagadh and the matter was remanded to the Collector, Junagadh to decide the same afresh. The SSRD observed that an agriculturist can purchase another piece of agricultural land within a period of two years from the date of sale of his agricultural land and on that ground, the matter was remanded.

In the remanded proceedings, the Collector, Junagadh again vide order dated 24.9.2014 rejected the revision application of the petitioners. Being aggrieved by the said order, the petitioners preferred Revision Application No. 21 of 2014 before the SSRD. The SSRD vide impugned order dated 20.5.2017 rejected revision application of the petitioners.

Hence the present petition.

Mr. Dipal R. Ravaiya, learned advocate appearing for the petitioner would submit that the respondent authorities have committed grave error in refusing certificate to the petitioners declaring them as agriculturists since the petitioners had purchased another agricultural land within a period of four days from the date of sale of agricultural land held by them. He would further submit that as per Government Resolution dated 1.7.2009 issued by the Deputy Secretary, Revenue Department, Sachivalaya, Gandhinagar, an agriculturist who wants to retain his legal status as an agriculturist is required to purchase agricultural land within a period of two years from the date of sale of agricultural land. He would further submit that earlier, to retain the status as an agriculturist, the limitation to purchase agricultural land was 180 days which has been extended for a period of two years by the above referred Resolution. He would further submit that the said aspect was considered by the SSRD while remanding the matter. He would further submit that however, in the remanded proceedings, the revenue authorities including SSRD have committed error. He, therefore, would submit that the impugned orders be quashed and set aside and the petition may be allowed.

On the other hand, learned Assistant Government Pleader has opposed this petition.

I have heard learned advocates appearing for the respective parties and perused the impugned orders.

It is an undisputed fact that the petitioners were holding agricultural land bearing Survey No. 142/P3 (217) at village Matiyana, Tal. Manavadar, Dist. Junagadh. The said land was sold by the petitioners on 1.6.2007 by executing registered Sale Deed. Thereafter, the petitioners purchased another parcel of agricultural land bearing Revenue Survey No. 166 at village Khimpadar, Tal. Mendarda, Dist. Junagadh by executing Registered Sale Deed on 5.6.2007. Hence, within a period of four days, the petitioners had purchased another agricultural land. As per Government Resolution dated 7.6.2003 issued by the Revenue Department of the Government of Gujarat, a person has to purchase agricultural land within a period of 180 days if he wants to continue to hold his legal status as agriculturist. The said time limit was extended to two years by another Government Resolution dated 1.7.2009. Hence, considering the above Government Resolutions, I am of the opinion that the respondent authorities have committed grave error in rejecting the application of the petitioners and the authority should have issued certificate to the petitioners as they had purchased agricultural land within a period of four days from sale of their earlier agricultural land.

Hence, the present petition requires consideration and the same is allowed. The impugned orders dated 24.4.2008 of the Mamlatdar, Manavadar passed in Case No. Jamin/C/1215/08, order dated 28.11.2008 passed by the Deputy Collector in Misc. Appeal No. 4/2008, order dated 24.9.2014 passed by the learned Collector, Junagadh in Case No. Land/4/Remand Case No. 19/12-13 as well as order dated 20.5.2017 of the Secretary (Appeals) Revenue Department, Ahmedabad in Revision Application No. MVV/HKP/JND/21/2014 are hereby quashed and set aside. The Mamlatdar, Manavadar is hereby directed to take immediate steps as per the observations made in this order and do the needful at the earliest.

Direct service is permitted.