IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.J. Thaker, J.
Shantilal Khermraj Ranka Since Deceased through Heirs - Petitioner
Versus
State of Gujarat & Ors. - Respondent
Special Civil Application No. 1046 of 1999.
Decided on : 29-7-2015.
Result-Special Civil Application allowed.
K.J. Thaker, J.
By way of this petition, the petitioner has prayed that the order passed by the Asstt. Collector, Jamnagar dated 31.1.1990 in R.R.T./REVI/10/89 on the basis of which the impugned mutation entry no. 503 has been made in the revenue record be declared as not binding to the petitioner and enforceable against him in all respects and for all purposes whatsoever and that the same be declared in-effective, unenforceable and invalid in the eye of law and the order pursuant thereto made by the SSRD in a Revision Application No. 4/1997 on 3.6.1997/22.5.1997 in so far as the same entailing an adverse and prejudicial effect to the rights and interest of petitioner in the land bearing survey no. 24 paiki, be reversed and set aside.
2. Heard the learned advocates appearing for the parties and considered the submissions.
3. The facts of the present petition are that the petitioner had purchased the land bearing survey no. 24 paiki from its original owners - present respondents no. 3 & 4 by registered sale deed, which was duly executed and registered on 5.2.1986, and therefore, the petitioner has been put in actual possession of the said agricultural land and is personally cultivating the same since then. Pursuant to the aforesaid transaction, mutation entry in the Revenue Record has also been inserted at sr. no. 360 reflecting the aforesaid transaction and the name of the present petitioner as a prospective purchaser and occupant of the said land has been entered into. The said mutation entry had been carried out on 15.2.1987 in the revenue record which was duly approved by the then Mamlatdar way back in the year 1987. That prior to the aforesaid transaction, the said land bearing survey no. 24 paiki was purchased by respondents no. 3 and 4 jointly with one Bhogilal Mulakchand Joshi from its original owner Khengarji Nathuji in the year 1974 by way of registered sale deed dated 23.8.1974 and a mutation entry to that effect was also made in the revenue Record at sr. no. 276 on 25.3.1981 which was subsequently approved by the Mamlatdar, Jamnagar. Thereafter, Shri Bhogilal Mulukchand Joshi, one of the co-owners of the said land had relinquished his share of such land in favour of the rest of the two co-owners i.e. the present respondents no. 3 & 4 by way of executing a deed duly registered on 15.11.1983 before the office of the Sub-Registrar, Jamnagar. Accordingly, a mutation entry no. 302 was made in the Revenue Record at the relevant time on 15.1.1984 which was subsequently approved by the Mamlatdar, Jamnagar. In this way, the respondents no. 3 and 4 have become the owners of the said land since 15.11.1983 and the present petitioner had purchased the said land from the present respondents no. 3 and 4 on 5.2.1986. That in respect of the Revenue Entry no. 276 made and certified in the year 1981 in respect of land bearing survey no. 24 paiki, the Assistant Collector, Jamangar had suo-motu initiated proceedings bearing No. RRT-REVI-10/1989 under section 54 of the Saurashtra Ghar-khed, Tenancy Settlement & Agricultural Land Ordinance, 1949 and sought to revise the said entry no. 276 pertaining to this land under Rule 108 of the Gujarat Land Revenue Rules, 1972 after a long period of 15 years from the alleged transaction which was made in the year 1974. The Assistant Collector, Jamnagar, after issuing notice to the respective parties, barring the present petitioner, vide order dated 31.1.1990 had cancelled revenue entry no. 276 and the alleged transaction of the land in question entered into between the present respondents no. 3 and 4 and Bhogilal M. Doshi and Khengarji Nathuji (Ori. Owner) has been held in contravention of section 54 of the said Ordinance and all the aforesaid persons were ordered and directed to be expelled and evicted from the said land after holding their possession to be unlawful, that against the said order dated 31.1.1990 passed by the Assistant Collector Jamnagar, present respondent no. 3 had preferred
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