9911796707
TMI Blog2004 (9) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, 2, and 3 and she appears and waives service of rule on behalf of respondents No. 1, 2, and 3. Ms. Shah, learned Counsel, appearing for respondent No. 4 by caveat, waives service of rule. With the consent of the parties the matter is taken up for final hearing today. 3. The question which arises for consideration of the Court is whether the revenue authority, while recording the mutation, could examine the breach of other provisions of the relevant laws or not and if not, then what will be the appropriate course for the authority to be followed ? 4. The short facts of the case are that the petitioner No. 2 was the original owner and petitioner No. 1 is the purchaser of the land bearing survey No. 46 situated at Village Jetpur by reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no dispute on the point that pending the proceedings before the State Government, status-quo regarding the revenue record as well as the possession of the land in question was ordered to be maintained. However, no stay was granted against the order of remand and it was observed that the Mamlatdar will be at liberty to proceed in accordance with law as per the order of remand and the said position has continued till today, except that the Mamlatdar has issued notice for holding the inquiry, but has not passed any final order in this regard. 6. Mr. Kinariwala, learned Counsel appearing for the petitioner, has relied upon the decision of this Court in the case of Evergreen Apartment Co.op Housing Society v. Special Secretary, Revenue De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be available under the law. However, the question which arises for the consideration is if a sale deed is executed by the holder of the land which runs prima facie counter to the other statutory provisions of other enactment or is barred under the other enactment or it alters or disturbs the rights of the persons under the other enactment then, can the revenue authority shut its eyes by ignoring such flagrant violation of such law or if it is considered, what will be the proper course to be followed ? In case of Evergreen Apartment Co-op. Housing Society (supra), this Court has expressed the view that it is not open to the revenue authority exercising power under the Code to exercise power under the other enactment and to decide in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction within the limits of the statutory provisions of the Code. Therefore, on reconciling of both the aspects, it appears that in a case where the transfer of a land is made by registered sale deed and if the revenue authority prima facie is of the view that such transfer is either barred under the other enactment or is resulting into a breach of other enactment or is to result into adversely affecting the rights under the other enactment and consequently sale is prohibited, then in that case, the appropriate course for the revenue authority would be to record the entry for registered sale deed with the express observations that the registered sale deed is prima facie in breach of the other enactment and simultaneously refer the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the competent authority or through the process known to law. Therefore, it cannot be said that the authority exercising power under the Land Revenue Code has absolutely no jurisdiction to even prima facie consider the matter as to whether the breach of the other enactment is committed or not. At the most, it can be said that the authority exercising power under the code has no power to conclude as to whether the breach of the other enactment by the impugned transfer or registered sale deed is made or not. 9. In view of the above, it cannot said that the orders passed by all the authorities on the basis that the Mamlatdar has not inquired into the aforesaid three aspects namely as to whether there is any breach of the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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