JUDGMENT :

1. Both the petitions have been filed against the impugned order passed by the learned Special Secretary Revenue Department (hereinafter referred to as “the SSRD”) dated 29.09.2015 in Revisions Application No.164 of 2013 as well as the order dated 21.08.2013 passed by the Collector in Revision Application No. 180 of 2012 by the respective petitioners. Since common facts are involved in the matters both the matters have been tagged together and heard together. Therefore these petitions are being disposed of by the present common order.

2. Special Civil Application No.20605 of 2015 is a leading matter, and therefore facts are referred to from it.

3. The brief facts giving rise to the petition in nutshell are as under.

3.1. Dispute pertains to the land bearing survey number 189 paiki 1, 189 paiki 2 and 189 paiki 3 admeasuring 4659 square metres of village Iyava, taluka Sanand, District Ahmedabad. In June 1984 a partnership firm in the name of Kamani Chemical Works came to be constituting of 11 family members as partners. According to the clause 7 of the partnership deed, and as per the clause 9, any partner can retire by oral notice / intimation. That as per clause 10 of the deed, partnership may continue even after death or retirement of any partner or becoming insolvent. The said firm purchased the subject land by registered sale deeds from its original owners of land, namely, Solanki Bhikhabhai Ratilal on 14.10.1986, wherein one Natraj corporation signed as a confirming party. That the name of the partnership firm was mutated in the revenue records vide entry no.1331. The said firm also got it registered with the office of the Registrar of firms on 16.07.1991, wherein, the joining date of 11 partners was mentioned as 13.06.1984.

3.2. That one of the partners Mr.Nutan Kumar Ratilal Shah expired on 22.10.1992. Upon his death and some alleged oral desire of Shah Dhankunwarben Hasmukhlal and Shah Varshaben Hirankumar (respondent no.3) who retired, the partnership firm was reconstituted after inducting Shah Rushabhkumar Nutankumar as partner on 25.11.1992. The change in partnership came to be intimated to the Registrar of Firms by filing Form-E and it was requested to give effect to the same with effect from 22.10.1992. The firm has also intimated the change to the Kalupur Commercial Co-operative Bank and even in the income tax return filed for the assessment year 1993-1994. The certified copy of the dissolution dated 25.11.1992 was annexed.

3.3. On 04.04.1994 a public notice was issued on behalf of Dhankunwarben Hasmukhbhai Shah and four others through their advocate calling upon public not to enter any transaction, in respect of properties of partnership firms, namely, (1) Shah Chandulal Jivanlala;(2) M/s. Shah Girdahrlal Purshottamdas and Co.; (3) M/s Shah Jivanlal Hirachand; and (4)M/s. Bipinchandra N. Kapadiya. But there was no mention of the property relating to M/s. Kamani Chemical Works.

3.4. On 23.03.1996, Dhankunwarben Hasmukhlal Shah made a Will wherein also she does not make any mention regarding the properties relating to M/s Kamani Chemical Works. Dhankunwarben Shah had expired on 14.04.1997.

3.5. Other partner namely Kamlaben Kantilal Shah expired on 04.06.2002 and on 09.12.2006, another partner Shah Vasantbhai Ratilal expired.

3.6. Meanwhile, on 27.08.2005, public notice was published by Hirankumar Hasmukhlal Shah (in the capacity of heir of deceased Shah Dhankunwarben Hasmukhlal) calling upon public not to enter into any transaction relating to the properties of four persons referred to earlier. However, there was no mention regarding the properties of the firm M/s. Kamani Chemical Works of the subject lands.

3.7. On 24.06.2008, remaining partners of the firm, M/s. Kamani Chemical Works executed a dissolution deed dissolving the partnership firm and the lands which were for the partnership firm was given to respective 7 partners as per their share in the firms and accordingly the petitioners have become owner of t