IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9584 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE SANDEEP N. BHATT ==========================================================

1 Whether Reporters of Local Papers may be allowed Yes

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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M/S SHREEJI DEVELOPERS & 1 other(s)

Versus STATE OF GUJARAT & 3 other(s)

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Appearance:

RUSHABH H SHAH(7594) for the Petitioner(s) No. 1,2 for the Respondent(s) No. 1 JENIL M SHAH(7840) for the Respondent(s) No. 4 MR NILESH A PANDYA(549) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 1,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 13/10/2022 CAV JUDGMENT

1. The present petition, under Article 226 of the Constitution of India, is filed by the petitioners challenging the order dated 29.04.2022 passed by the Deputy Town Development Officer, Vadodara – respondent No.3 herein, whereby the respondent authority has put on hold the development permission (Rajachitthi)

dated 18.02.2022.

2.1 Brief facts of the case are as such that; one Koyabhai Melabhai Rathodiya was holding the land bearing Survey Nos.5, 265, 268, 566, 583, 286, 37 & 99 situated at Village Vadsar, Taluka and District Vadodara. 2.2 Since, said Koyabhai Melabhal was unable to render service to the State because of his old age, an order dated 05.12.1958 was passed bearing Taluka Vatan No.1967 of 1958 mutating the name of his son - Mohanbhai Koyabhai Rathodiya in respect of said lands held by Koyabhai Melabhai on the condition that he will not be entitled to mortgage, sell or gift the land and on further condition that he continues to provide service which was being provided by his father Koyabhai Melabhai.

In view of the above order dated 15.09.1958, the effect was given in the revenue record vide mutation entry No.513 and the same was later certified on

24.01.1962.

In or around the year 1961, Koyabhai Melabhai passed away and his name was deleted pursuant to mutation entry No.513, but, i.e. Mohanbhai Koyabhai Rathodiya, Ramabhai Koyabhai Rathodiya & others names of legal heirs of Koyabhai Melabhai were not brought on record.

2.3 In view of Government Notification No.V.1.W.1061 dated 31.07.1962, the persons in service were relieved, therefore, the name of the State was mutated in the revenue record in respect of the aforesaid survey numbers, as first name in first record of right (Pahela Hak ma’) and the name of Mohanbhai Koyabhai Rathodiya was retained as second name in second record of right (‘Bija Hak ma’) below the line. The relevant mutation entry in respect of the above notification was passed on 21.09.1962 being Entry No.656.

2.4 On 12.07.1988, Mohanbhai Koyabhai Rathodiya died, and thereafter, names of his legal heirs i.e. Shantilal Mohanbhai, Arvindbhai Mohanbhai, Janaben Mohanbhai, Savitaben Mohanbhai, Shardaben Mohanbhai and Laxmiben Mohanbhai were entered into the revenue record vide mutation entry No.1832 on 10.08.1988 as joint occupants and the entry No.1832 was mutated and certified on 30.11.1988.

2.5 Thereafter, one Ramanbhai Ramabhai Rathodiya, son of Ramabhai Koyabhai Rathodiya preferred revenue proceedings before the Deputy Collector, Vadodara by challenging Entry No.1832.

The Deputy Collector, vide its order dated

30.04.1993, rejected the revision application.

The said order came to be challenged by Ramanbhai Rathodiya by filing RTS Appeal before the Collector, Vadodara, which also came to be rejected by the Collector, Vadodara vide order dated 08.09.1

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