ORAL JUDGMENT

1.By preferring this petition under Article 226 of the Constitution of India, the petitioners have assailed the order dated 26.07.1993, passed by the Deputy Collector, Palanpur, and the order dated 05.03.2001 (17.03.2001), passed by the Joint Secretary (Appeals), Revenue Department, whereby the revision application against the aforesaid order of the Deputy Collector has been rejected.

2.Briefly stated, the facts of the case, as emerging from the record are to the following effect:

Land bearing Survey No.45 admeasuring 12 Acres and 05 Gunthas situated at Village and Taluka: Dhanera, District: Banaskantha, was granted to Bhil Damra Duda, the father of respondents Nos.4 and 5, as Inami land, till such time as he continued in the service of the State. It appears that thereafter, Bhil Damra Duda was paid for services rendered, therefore, the Inami land was forfeited to the State and re-granted to him as new tenure land, on permanent basis. It appears that the name of petitioner No.1 was mutated in the revenue record as cultivator of the land in question. Mutation Entry No.655 dated 27.06.1998, was mutated in the revenue record to this effect.

The land in question came under