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2012 Supreme(Guj) 98

ABHILASHA KUMARI
RINKI SHASHIKANT GANDHI – Appellant
Versus
MAMLATDAR VADODARA TALUKA – Respondent


Advocates appeared:
MR SHALIN N MEHTA for Petitioner
Mr.Pranav S.Dave, learned ASST.GOVERNMENT PLEADER for Respondents Nos. 1,2,3,5,
Mr.Sanjay Joshi for MR PR THAKKAR for Respondent No.4,

JUDGMENT

1. The challenge in this petition under Articles 226 and 227 of the Constitution of India, is to the order of the Collector, Vadodara, dated 29/08/1998, whereby the order of the Deputy Collector, Vadodara, dated 07/10/1996, has been quashed and set aside and Revenue Entry No.685 made on the basis of the Sale Deed for the land in question, has been cancelled and the land has been forfeited to the State Government without encumbrances.

2. The factual background of the matter is that, the petitioner purchased land comprising Block No.72, admeasuring 2 Acres and 1 Guntha, situated in Village Khanpur, Taluka and District Vadodara, by a Sale Deed executed on 15/04/1988, and registered on 24/01/1989, from respondent No.4, for a consideration of Rs.28,000/-. On the basis of the Sale Deed, entry No.685 was mutated in the revenue record on 09/01/1990, in favour of the petitioner, which was confirmed by the Mamlatdar on 12/02/1990. After a period of four years, much beyond the period of limitation of 60 days as prescribed in Rule 108(5) of the Gujarat Land Revenue Rules, 1972, (“The Rules” for short) respondent No.4,the original land owner, challenged Revenue Entry No.685 by filing an












































































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