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 that from 1.10.1964 by entry no. 489 the names of Madhabhai Mulabhai, Hirabhai Jethabhai, Ratnabhai Jethabhai, Ramabhai Jethabhai and Ghumiben as guardian of minor children Govindbhai and Muliben were on record of village revenue record.

2.3 After the death of Ramabhai Jethabhai, by virtue of entry No. 1398 on 24.8.1995, the name of legal heirs Nathabhai and Jamnaben were brought on record. After the demise of Madhabhai Mulabhai i.e. father of the petitioners, by virtue of entry No. 1467 dated 23.12.1997, the name of legal heirs Lebhiben and Jethiben were brought on record. The private respondents are the cousin brothers of petitioners, who had accepted all the social responsibilities as if real brothers and, therefore, it was decided by the petitioners that they will waive their right in respect of Revenue Survey No. 331 and accordingly in the year 2005, an application was given for mutation in respect of revenue survey No. 331 in light of decision of petitioners to waive their right.

2.4 It is alleged that in the year 2012, the petitioners came to know regarding the entry No. 1719 which came to be mutated in the year 2005 in respect of revenue survey No. 201 in village records on the basis of relinquishment/ waiver of right by occupiers i.e. present petitioners, which was certified on 26.4.2005. It is contended that they being legal heir of Madhabhai Mulabhai, were entitled for half of the land in respect of both revenue survey No. 331 and 201, along with half share of legal heirs of Jetha Mulabhai Vankar. It is also contended that after the death of Madhabhai Mulabhai i.e. father of the petitioners in 1997, by virtue of entry No. 1467 on 23.12.1997, the names of legal heirs Lebhiben and Jethiben were brought on record of both revenue survey Nos. 331 and 201. It is alleged that they have relinquished their right only for the land bearing Revenue Survey No. 331, but fraudulently their names in respect of Revenue Survey No. 201 came to be deleted by entry No. 1719 and was mutated in the year 2005. It is contended that no mandatory notice under Section 135-D of the Gujarat Land Revenue Code was issued to the petitioners in respect of the land bearing Survey No. 201.

2.5 On the aforesaid basis, the petitioners challenged the mutation entry No. 1719 by preferring RTS Appeal No. 5 /2012 before the learned Deputy Collector, District: Mahisagar. The Deputy Collector has partly allowed the appeal and the matter came to be remanded back to the Mamlatdar by order dated 29.4.2015. Thus, order of teh Deputy Collector, Mahisagar was challenged by the respondents by way of RTS Appeal No. 74/15 before the learned Collector, Mahisagar. The learned Collector vide order dated 14.3.2017 quashed and set-aside the order of the Deputy Collector and cancelled the revenue ent