JUDGMENT :

1. Both these petitions are filed by the petitioner against the same order of the Learned Special Secretary, Revenue Department ("Ld. SSRD" for short) passed in two separate Revision Applications filed by the petitioner as well as private respondents. Therefore, both have been admitted together and heard together.

2. Special Civil Application No. 5448 of 2018 is treated as a lead matter and necessary facts narrated from the same is taken as common facts are alleged in both the petitions.

3. The respective petitioner has filed the petitions under Article 226 of the Constitution challenging the impugned order passed by the Ld. SSRD dated 08.02.2018 in Revision Application No. MVV/HKP/AMD/167 of 2017, whereby order of subordinate authorities have been confirmed and the revision applications filed by the petitioner has been dismissed.

4. Special Civil Application No. 5449 of 2019 is passed against the same order whereby the Revision Application filed by the private respondents being No. MVV/HKP/AMD/ 172 of 2017 came to be allowed.

5. The brief facts of both the petitions, in nutshell, are as under:

5.1 Father of the petitioner namely Dilawarshinh Vaghela joined in Kuchchh State Force on 23.06.1942 and continued his service till 23.11.1949. He became Jail Superintendent of Kutch Central Prison and thereafter, was serving in Sabarmati Central Jail. He was murdered while on duty. The State Government on 29.11.1977 allotted lands situated at Block Nos. 114, 117, 118, 119, 120, 121, 122, 124, 125, 126 and 127 of Village Visalpur, Tal. Daskroi, Dist. Ahmedabad, admeasuring 14 Acres and 29 Gunthas to the mother of the petitioner namely Kusumba Dilawarshinh Vaghela. The lands were given to mother of the petitioner on permanent basis by the State Government and consideration of 12 patt was paid by his mother only at the time of allotment of the lands in question. Entry No.6265 was mutated in revenue records in the name of the petitioner's mother. Initially, the said order of 29.11.1977 was taken into revision by the State Government and was cancelled by order dated 22.01.1979. The said order was challenged by mother of the petitioner by filing Special Civil Application No.422 of 1979 before this Court, which came to be withdrawn and at that time, the State Government, based on its own policy, re-granted the said lands as a special case by order dated 30.03.1992 and thus, the lands remained with the petitioner's mother and her name was restored.

5.2 That the lands in question were converted into old tenure land by order dated 30.03.1999 of the Mamlatdar and necessary premium was paid by petitioner's mother individually and thereafter, land has been shown as old tenure lands.

5.3 That during lifetime of petitioner's mother, Entry No.7764 was mutated in the revenue record for the lands in question wherein, it was stated that the petitioner and private respondents are the co-owners/co-shares of the lands in question. The said entry came to be cancelled as it was mutated without consent and without hearing petitioner's mother - Kusumba. Thus, this fact has become final and it has not been challenged by anybody.

5.4 That during lifetime of petitioner's mother at her instance, Entry No.7869 was mutated on 15.04.2009, wherein petitioner's name was entered as co-shares of lands in question along with his mother and same entry was certified.

5.5 Petitioner's mother executed a registered Will dated 31.08.2007, wherein lands in question were bequeathed to the present petitioner. There were averments which revealed that private respondents have been given their shares from the other properties, and therefore, the lands in question were solely bequeathed to the petitioner.

5.6 That Entry No.7869, which was made showing the petitioner as co-shares with his mother, came to be challenged by the private respondents by filing (Old RTS Appeal No.825 of 2011) New RTS Appeal No.574 of 2011 on 12.07.2011 and application was filed for condonation of delay as ther