JUDGMENT :

1. RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent Nos.2 and 4. learned Advocate Mr. D.K. Puj waives service of rule on behalf of the respondent No.1.

2. This petition under Article-226 of the Constitution of India is filed is against the order dated 22-06-2016 passed by the Deputy Collector, City Parnt-Surat in RTS Appeal No.367 of 2014.

3. At the outset, learned Advocate for the petitioners has submitted that though the petitioners have preferred petition directly before this Court despite their being remedy available to challenge the order before the higher forum. However, as the proceeding are initiated and order is passed beyond period of limitation prescribed, passing of the order by the Deputy Mamlatdar is without jurisdiction.

4. Learned Advocate for the petitioners has submitted that the issue is pertaining to Mutation Entry No.859 of Revenue Record of Village- Bamroli, which was certified on 26-04-2013. The respondent aggrieved by the Mutation Entry, filed an Appeal on 11-12-2014, which came to be allowed by the impugned order. Learned Advocate for the petitioners has submitted that for preferring an Appeal under th