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2021 Supreme(Guj) 1145

A.P.THAKER
VANKAR LABIBEN D/O MAGHABHAI MULABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR BHAVESH J PATEL, MR. RADHESH Y VYAS
For The Respondent: MS. DHWANI TRIPATHI, AGP, MR PRADIP J PATEL, MR YM THAKKAR

JUDGMENT :

1. By way of filing the present petition, the petitioners have challenged the order dated 30.1.2019 passed by the Additional Secretary, Revenue Department, State of Gujarat in Application being HKP/MHS/2/2018 quashing and setting aside the order dated 14.3.2017 passed by the District Collector, Mahisagar below RTS Appeal No. 74/15/Vashi-625-641.

2. The brief facts of the petition are as under:

    2.1 The land bearing Survey No. 201 at Moje: Motasonala, Taluka: Lunavada, District: Mahisagar admeasuring Hec. Are.Sq. Mt 02-57-99 was an old tenure land, which was owned by Vankar Mula Punja. The present petitioner and Respondent Nos. 2 to 9 are the descendants of Vankar Mula Punja. Another land bearing Survey No. 331 of the same village also belongs to Vankar Mula Punja. Vankar Mula Punja had two sons i.e. Mandha Mala and Jetha Mala.

2.2 After the demise of Jetha Mula, name of his legal heirs namely Ramabhai Jetha, Punja Jetha, Hira Jetha and Ratna Jetha was mutated by revenue entry No. 251. After death of Punja Jetha, name of Ghumibai, widow of Punjabhai was entered in revenue records by virtue of entry No. 483, as a guardian of minor children Govindbhai and Muliben. It is alleged

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