The SSRD's factual findings on land measurement are conclusive and not subject to judicial review under Article 226 if no prejudice is shown.

JUDGMENT :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

This intra-court appeal is directed against the judgment and order dated 13.08.2013 passed by the learned single Judge in dismissing the writ petition with the cost of Rs. 25,000/-.

2. The relevant facts to adjudicate the controversy, at hands, as narrated in the writ petition, are that the grand-father of the petitioner Nos. 1 and 2 namely late Dhanrajbhai Hathibhai and the grand-father of respondent No.3 (originally impleaded through his heirs and legal representatives) namely Dahyabhai Lalabhai (called as Lala Harkha) were cultivating the land bearing Survey No. 86 of mouje Jalotra on Eksali lease basis, separately. The part of the land bearing Survey No. 86, which was being cultivated by the grand-father of the petitioners has been mentioned being known as Survey No. 86/1, whereas the remaining part of the land, cultivated by late Lala Harkha, is mentioned as being known as 86/2. It is stated that the actual measurement of Survey No. 86 was 29 Acres 4 Gunthas (29.04).

3. The contention in the writ petition is that vide order dated 29.10.1955, the Prant Officer, Palanpur granted the land bearing Survey No. 86/2 on permanent basis to late Lala Harkha by charging occupancy charge of Rs. 95 on the condition of new and impartable tenure. It is contended in the writ petition that the grand-father of the petitioners namely late Dhanrajbhai Hathibhai was cultivating the land admeasuring 11 Acres and 30 Gunthas, whereas late Lala Harkha was cultivating the land admeasuring 17 Acres and 24 Gunthas, though they were permitted to cultivate one half portion of Survey No. 86 on Eksali basis. It is further stated in paragraph No. 4.3 of the writ petition that the total measurement of the land bearing Survey No. 86 was 29 Acres and 24 Gunthas.

4. In the year 1958, the road named as Danta Ambaji road was constructed utilising the portion of the land bearing Survey No. 86, resulting into division of the said plot into four parts, which were renumbered as Survey Nos. 86/A, 86/B, 86/C and 86/D. It is contended that Survey No. 86/A and 86/C were jointly owned and cultivated by the predecessor-in-interest of the petitioner Nos. 1 and 2 and the Survey No. 86/D was owned and cultivated by the respondent No.3. However, as per the revenue record, Survey No. 86/B was recorded in the name of Late Lala Harkha.

5. The further contention is that pursuant to the order dated 20.10.1962 of the Prant Officer, Late Dhanrajbhai Hathibhai (grandfather of the petitioners) was granted the land bearing Survey No. 86/A admeasuring 6 Acres and 30 Gunthas, by regularising his possession and Revenue Entry to the effect was mutated in the revenue record bearing Entry No. 488.

6. Vide another order dated 16.11.1963, the Prant Officer, Palanpur had forfeited the land granted to late Lala Harkha for the breach of the conditions of new and impartable tenure land and the land was ordered to be vested in the State Government and the possession of the land-inquestion was also taken from late Lala Harkha. However, vide another order dated 11.05.1967, the Prant Officer, Palanpur ordered to re-grant the land bearing Survey No. 86/B to late Lala Harkha by charging penalty. The number of the land in the order of re-grant had been shown as 86/1 and the measurement was shown as 19 Acres. It is contended in the writ petition that the said measurement was a result of the mistake about the area entered in the revenue record. In the order of re-grant, the Mamlatdar, Vadgam noticed the mistake and stated that instead of 19 Acres, the actual possession of 17 Acres and 19 Gunthas (17.19) was to be handed over to late Lala Harkha. The mistake of Survey No. shown as 86/1 instead of 86/B was also noticed and a report in that regard was submitted by the Mamlatdar to the Deputy Collector, Palanpur on 20.07.1967. It is, thus, submitted that the Deputy Collector, Palanpur vide order dated 11.08.1967 amended the earlier order of