Interim Relief Granted in Land Revenue Mutation Dispute
This case concerns a long-pending land revenue mutation dispute, where correction of revenue entries was attempted after nearly 18 years. The Gujarat High Court granted interim relief and status quo protection, holding that the matter must be decided on merits by the competent authority and that issuance of a writ of prohibition was not justified.
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About This Case
The dispute arose from mutation entries recorded in the year 1993, which were later challenged by private respondents through revenue appeals. The Deputy Collector allowed the appeals and ordered correction of the entries, which was subsequently confirmed by the Collector. The affected parties challenged these orders before the Special Secretary (Appeals), Revenue Department (SSRD). The revision proceedings were conditionally withdrawn. Later, the learned Single Judge set aside the SSRD order and issued a writ of prohibition, restraining the Deputy Collector from proceeding further. Aggrieved by this decision, the appellants approached the Division Bench of the Gujarat High Court by filing Letters Patent Appeals.
- Reopening of revenue entries after an unreasonable delay of 18 years
- Jurisdiction of revenue authorities to alter settled mutation records
- Conditional withdrawal of revision proceedings before SSRD
- Issuance of writ of prohibition without adjudication on merits
- Risk to possession and settled land rights
Our Process
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1. Opposing the Writ of Prohibition
Argued that statutory authorities should not be restrained from deciding the matter on merits.
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2. Restoring Proper Adjudication
Submitted that disputes over revenue entries must be resolved through regular legal process.
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3. Seeking Interim Protection
Requested status quo to prevent disturbance of possession and revenue records.
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4. Equitable Considerations
Emphasized that long-standing entries and possession deserve judicial protection until final decision.
Result
The Hon’ble Gujarat High Court admitted the Letters Patent Appeals and granted interim relief, directing: • Maintenance of status quo regarding revenue entries and possession • Deputy Collector not to proceed further until final adjudication • Observation that issuance of writ of prohibition was not justified in the facts of the case The request to stay the interim relief was rejected.