( 1 ) IN this petition under Article 226/227 of the Constitution of India the petitioner has challenged the legality and validity of the judgment and order dated 17th January 2004/21st February 2004 passed by the secretary (Appeals), Revenue Department, government of Gujarat, in Revision application No. 44 of 2003 partly allowing the same and quashing and setting aside the order passed by the Collector, Surat, dated 9th April 2003 as well as the order passed by Deputy Collector, Choryasi Prant, surat dated 6th July 2002 and confirming the order passed by the Mamlatdar, Choryasi prant dated 11. 6. 2001 iu respect to the revenue entry No. 4892 dated 15th february 2001 and further passing an order to make necessary entry with regard to injunction granted by Civil Court in Regular civil Suit No. 156 of 2001 and the entry would be subject to the ultimate outcome of the suit pending between the parties.

( 2 ) THE petitioner, Gandabhai dalpatbhai Patel was owner of land bearing survey No. 306, Block No, 287 situate at village Pal, Taluka Choryasi, District Surat. The petitioner had executed one power of attorney in favour of Jagjivanbhai madhabhai Patel on 11th March, 1982,