N. V. Anjaria, J.

Heard learned Assistant Government Pleader Mr.Manan Mehta for the petitioner - State and learned advocate Ms. Kalpna Brahmbhatt for the private respondents.

2. This petition filed under Article 227 of the Constitution, is directed against order dated 17th January, 2004 passed by the Secretary, Revenue Department (Appeals). Thereby the Revision Application No.137 of 2002 preferred by the private respondents herein came to be allowed by setting aside order dated 16th November, 2002 of Collector, Surat, in RTS Revision Application No.198 of 2000.

3. The relevant facts may be outlined. Private respondent Nos.2 and 3 herein purchased land bearing Survey Nos.65, 66 and 67 situated at Village Dumas, Taluka Choryasi, District Surat, from one Daudbhai Mansuri - respondent No.1 herein. The said transaction was entered into upon executing registered sale deed dated 29th May, 1989. Mutation Entry NO.3166 in the revenue records pursuant to the said transaction was effected on 14th September, 1992.

3.1 It appears that after period of eight years, Collector, Surat, started suo motu proceedings against the aforesaid Entry No.3166 by registering Revision Case No.198