The main legal point established is that the court will consider previous judgments, settlements, and pending civil suits in mutation cases, and lack of injunction may impact the outcome.

ORDER :

Mr Anshin Desai, learned senior counsel appearing with Mr Shrenik R. Jasani, learned advocate for the petitioner has tendered draft amendments. Amendments are allowed in terms of the drafts. The same shall be carried out forthwith.

2. Mr Anshin Desai, learned senior counsel appearing with Mr Shrenik Jasani, learned advocate for the petitioner, submitted that the issue revolves around entry no.2725 which, came to be disallowed by the Circle Officer, Mundra vide order dated 3.3.2017. It is submitted that the said order was unsuccessfully challenged before the Prant Officer and thereafter before the Collector; however, in the revision application filed before the learned Secretary, Revenue Department (Appeals) (hereinafter referred to as “learned Secretary”), it allowed vide order dated 20.7.2022 and directed mutation of the entry with respect to survey no.46 in favour of respondent no.10.

2.1 It is submitted that while doing so, the learned Secretary, failed to appreciate that entry no.2725 was posted in the revenue record on the strength of letter of administration but the land bearing survey no.46 (hereinafter referred to as the “land in question”) was not forming part of the letter of administration and therefore, the revision application ought to have been rejected. It is further submitted that while directing mutation of the entry the learned Secretary, almost decided the issue of the heirship declaring the respondent no.10 as the only heir of Hasam Allarakhiya Khoja. The said aspect, could not have been touched by the learned Secretary in the RTS proceedings.

2.2 It is next submitted that the respondent no.10, had filed a civil miscellaneous application no.33 of 2010 before the Court of learned Principal Senior Civil Judge, Bhuj under the provisions of section 290 of the Indian Succession Act, 1925 (hereinafter referred to as “Act of 1925”). During its pendency, settlement came to be arrived at between the petitioner on one hand and the respondent no.10 on the other. The said settlement, was restricted to survey nos.24, 36/3, 60/2, 244/3, 244/4 and 255; however, survey no.46 i.e. the land in question, was neither forming part of the said proceedings nor the settlement.

2.3 It is next submitted that survey no.46 i.e. the land in question was the subject matter of the proceedings under the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (hereinafter referred to as “Act of 1958”) and therefore, the civil miscellaneous application no.33 of 2010 filed by the respondent no.10 did not contain survey no.46 i.e. the land in question. It is only when the land in question was directed not to be of ownership of Gorbai Khima Nagshi Harijan that respondent no.10, applied for mutation of the entry, on the strength of the order passed by the learned Principal Senior Civil Judge in civil miscellaneous application no.33 of 2010.

2.4 It is submitted that in the proceedings before the Mamlatdar Gorbai Khima Nagshi Harijan was declared as owner of the land in question. The petitioner, being the legal heir of Hasam Allarakhiya Khoja, preferred an appeal before the Deputy Collector who, rejected the same. The said order of rejection was challenged before the District Collector by the petitioner which also came to be rejected vide order dated 15.4.2013 and the orders were thereafter challenged before the learned Gujarat Revenue Tribunal (hereinafter referred to as the “Tribunal”) which, quashed the order of the Mamlatdar dated 14.11.2006. The order of the Tribunal was challenged by Gorbai Khima Nagshi Harijan before this Court by way of writ petition being Special Civil Application no.17591 of 2013 and this Court, was kind enough to dispose of the matter with a direction to the Mamlatdar to decide it afresh, after hearing the parties. The Mamlatdar & ALT, Mundra, thereafter, passed an order dated 11.4.2022 whereby, the application by Gorbai Khima Nagshi Harijan came to be rejected. Therefore, all through out, i