M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India the petitioners have prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 26/12/2008 passed by the learned Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. SRD/HKP/Pancham/13/2005 in dismissing the same and confirming the order passed by the Collector, Panchmahals dated 25/06/2005 in RTS Revision No. 3/2004 by which the Collector, Panchmahals dismissed the application confirming the order passed by the Deputy Collector, Lunawada Prant in RTS Remand Case No. 6/2003 by declaraing the transaction in favour of the petitioners as illegal and in breach of Section73-A of the Bombay Land Revenue Code.

2. This petition has a chequered history. The petitioners claim to be the owners and occupiers of certain portion of land bearing Survey No. 101 paiki, 200 paiki and 358 paiki situated at village Sarasva (west), Taluka Santarampur, District Panchmahals. It is the case on behalf of the petitioners that the disputed land in question was mortgaged by the original land owner, Shri Dhanji Velji with possession to one Shri