Back
Next 
2022 Supreme(Online)(Guj) 15119
HIGH COURT OF GUJARAT
A.Y. KOGJE, J
BHAGWATIPRASAD KUBERBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CIVIL APPLICATION NO. 22037 of 2022
Advocates:
For the Appellants/Petitioners: MR. D. P. KINARIWALA
For the Respondents: MR.NIKUNJ KANARA, AGP
For the Appellants/Petitioners: MR. D. P. KINARIWALA
For the Respondents: MR.NIKUNJ KANARA, AGP
The court emphasized the necessity of following legal procedures for fresh applications related to mutation entries.
Headnote:Statute: Section 135D of the B.L.R.C. is examined to address proper procedure in mutation applications. Facts: The petitioner seeks fresh mutation based on document dated 30.06.2007, previously unexamined due to procedural issues in earlier proceedings. Findings: The court indicates the need for reconsideration of the application in accordance with proper law.
Issues: Whether a fresh application can be accepted on the strength of the cited document amidst earlier procedural lapses.
Ratio Decidendi: The court acknowledges the importance of adherence to legal procedures in mutation applications, quoting pivotal procedural directions.
Result: The petition stands disposed of; applications following due process be considered appropriately.
| Table of Content |
|---|
| 1. discussion on necessary procedural adherence for mutation applications. (Para 1) |
ORDER
[1]
- Learned advocate appearing for the petitioner submits that the petitioner would like to make afresh application for fresh mutation entry on the strength of document dated 30.06.2007, titled as Hak Dakhal Karvano Lekh/Sah Bhagidarino Lekh. Learned advocate states that as the proceedings before the SSRD was only on the basis of the lack of following procedure under Section 135D of the B.L.R.C. and therefore, there was no scope for examining the aforesaid document, which was the basis for the entry No.5153 dated 28.10.2013. [2]
- Learned advocate for the petitioner therefore, prays that the application that now the petitioner proposes to make on the strength of very document be considered in accordance with law and after the following of procedure under Section 135D of the G.L.R.C. [3]
- In view of the above submission made by learned advocate for the petitioner, the petition stands disposed of. Any application made by in the aforesaid regards be considered by the authority in accordance with law and after following the necessary procedure. The present order of disposal may not come in way of deciding the application Any application made by in the aforesaid regards be considered by the authority in accordance with law and after following the necessary procedure. The present order of disposal may not come in way of deciding the application made by the petitioner.
- (A.Y. KOGJE, J) SIDDHARTH
