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2006 Supreme(Guj) 337

JAYANT PATEL
CHHIMIBEN WD/O HIRABHAI GOPALBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.D.DESAI, HARDIK B.SHAH, R.S.SANJANWALA

( 1 ) THE short facts of the case is that entry No. 344 was mutated in the revenue record on 16. 11. 1957 for recording the name of one Hirabhai Gopalbhai on the basis of the Will of Limbabhai Bhanabhai Patel dated 09. 02. 1948 for the land situated at village Bamroli bearing Survey No. 65/3. It appears that thereafter, on 27. 09. 1990, entry No. 701 was mutated for entering the names of the legal heirs of the deceased Hirabhai Gopalbhai. An application was made by the respondent No. 5 to the Deputy Collector and the matter was taken in revision. The Deputy Collector dismissed the proceedings by relegating the parties to approach before the Civil Court for getting appropriate relief. The matter was carried before the District Collector and the District Collector confirmed the order passed by the Deputy Collector and dismissed the appeal. It appears that the respondent No. 5 herein has preferred the revision before the State Government and the State Government found that the entry was mutated without probate and the procedure was not followed and therefore the action of entering the mutation is nullity and ultimately, the revision was allowed and the entry No. 344 and the subsequent





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