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2021 Supreme(Guj) 898

NIRZAR S.DESAI
DIWANSINH DURSINH ZALA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR SP MAJMUDAR
For The Respondent: MS JYOTI JANI, AGP, MR HIMANISH J JAPEE for MR JV JAPEE

ORDER :

1. Rule. Learned advocate Mr. Himanish Japee and Ms. Jyoti Jani, learned Assistant Government Pleader waives service of notice of Rule on behalf of respective respondents. With the consent of the learned counsel for the parties, this petition was taken up for final hearing.

2. The petitioner has filed this petition under Articles 226 & 227 of the Constitution of India challenging the order dated 18.10.2011 passed by the respondent No.3 - Collector, Banaskantha at Himmatnagar in R.T.S./Revision/ Case No.38 of 2009 and order dated 11.09.2015 passed by the respondent No.2 - Special Secretary, Revenue Department (Disputes) in Revision Application No.MVV/HAKAP/SABAR/67/ 2011. By way of the impugned orders, the mutation entry No.1137, which was mutated in favour of the petitioner on the basis of a registered sale deed dated 18.02.2008 came to be cancelled and the said order was confirmed by the revisional authority.

3. Brief facts leading to filing of the present petition are as under.

    3.1 The land situated at Village Tajpur, Taluka Talod, District Sabarkantha bearing Block No.293 admeasuring 2-85-12 Hec-Are-Sq.Mtrs was originally belong to Gajaraba Kodarsinh Zala (deceased) and Jaga

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