JUDGMENT:

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for following relief:

"(A) Be pleased to pass an appropriate order, issuing writ of certiorari or its nature as well as directions/ orders necessarily required for quashing and setting aside the order passed by the Collector in Revision Application No. RTS Revision Case No. 5 of 2014 dated 21.2.2015 as well as the order passed by the Special Secretary (Appeals) , Gujarat State Ahmedabad Revision No. 20 of 2015 as well as 9 of 2016 (Cross Revisions) filed under Section 108(6)(A) of Gujarat Land Revenue Rules, 1972 respectively in the interest of justice.

(B) Be pleased to pass an appropriate order to the Mamlatdar Valod for necessary correction in the mutation entires No. 374, 3711 and certified accordingly looking to the prima facie successive case of the petitioners.

(C) Be pleased to pass necessary and essential order which deems to be fit in the interest of justice."

2. The Brief facts as emerged from the record of the petition, are as under :

2.1 According to the petitioner, their maternal grand-mother Lakhadiben Rangjibhai Raisingbhai Chaudhary and their mother Baviben have purchased the land bearing Survey No. 268/02 & 269/02 at Sangaliya Okara Jesha of Titva Ta. Valol, District: Tapi at Vyara admeasuring One Acre Six Guntha in consideration of Rs. 467/- on 8.5.1930. In 1938, Rangji Raysinghbhai Chaudhari died and due to that Lakhadiben remarried with Kesuriya Bodia Chaudhari. On 14.6.1941, Lakhadiben Kesuriya Chaudhari died during course of delivery.

2.2 It is alleged that respondent No.1 Ganjabhai's father Kesuriya Chaudhari got mutated his name in revenue record by entry No. 374 dated 5.8.1941 in respect to the property which were in fact property of Rangjibhai Raysinghbhai Chaudhari, bearing No. 255/01, 268/02, 269/02, 272/01, 276/04. On 6.3.1943, Kesuriya Bodiya had transferred the said land 269/02 in the name of Nathubhai and shifted his name in the land bearing survey No. 270/01 owned by Nathubhai which is found from the mutation entry no. 403 of Titva Taluka: Valol, which was entered in the revenue record.

2.3 It is contended that on 15.7.1996, Baviben, the daughter of Rangjibhai Raysingh Chaudhari and wife of Fakirbhai Dalabhai Chaudhari, who had died and due to that her son i.e. Petitioner Nos. 1 and 2 alleged to have became owners of land bearing Block No. 344, 349, 453 through entry No. 2751 of revenue record of Titva, Ta: Valol, District: Tapi at Vyara.

2.4 It is contended that Kesuriya Bodiya Chaudhari died on 17.1.1966, and therefore, her son Ganga Kesuriya and sisters Ramaben and Nanuben as well as Baviben Fakirbhai Chaudhari became legal heirs and entry to that effect was mutated being NO. 2752 in the revenue record on 15.7.1966.

2.5 The petitioner has challenged entry No. 374 dated 5.8.1941 by filing necessary RTS Appeal being No. 3 of 2013 on 20.2.2014 before the Deputy Collector, Vyara under Section 135L read with Rule No. 108(5) of Gujarat Land Revenue Code and allied Rules, 1972, which came to be allowed by Deputy Collector.

2.6 Against that order, respondent No.1 Ganja Kesuriya Chaudhari, as alleged, prepared false Pedigree and submitted it and filed Revision Application No. 5/2014 before the Collector, Tapi at Vyara which came to be allowed. On 21.2.2015. The said order of the Collector, Tapi at Vyara was challenged by way of filing Revision Application No. 20/2015 and 09/2016 before learned SSRD by both the sides i.e. the petitioners as well as respondents, as by order dated 21.2.2015, the Collector has ordered to distribute the 50% of property amongst the petitioners and respondents and confirmed the remaining part of the Collector's Order confirming the revenue entry No. 374 in the name of Ganja Kesuriya Chaudhari. The order of the learned SSRD came to be challenged before this Court by the petitioners herein.

3. Heard Mr. P.J.Mehta, learned advocate for the petitioners, Mr. P.P. Majmudar,