A petition under Article 227 of the Constitution of India will not interfere with the findings of fact arrived at by revenue authorities when such findings are based on recorded evidence and orders that have attained finality.

ORAL ORDER

1. Heard Mr. Dhaval N. Vakil, the learned advocate appearing for the petitioners, Mr. Jayneel Parikh, the learned AGP appearing for the respondent – State and Mr. Harnish V. Darji, the learned advocate appearing for the respondent Nos.6 and 7.

2. The petitioners herein are the legal heirs of deceased Shankarbhai Maganbhai Patel in possession and cultivating the land bearing Survey Nos.2092 and 2101 situated at Visnagar wherein deceased Shankarbhai Maganbhai Patel was tenant. The land is owned by Dipara Darwaja Patidar Panch Samast. Upon death of Shankarbhai, entry reflecting the name of the legal heirs being Entry No.42667 for the land bearing Survey No.2092 was mutated in the revenue record on 22.8.2016 which was certified on 20.10.2016.

2.1 The private respondent Nos.6 to 10 challenged the said entry by RTS/49 of 2017 before the Dy. Collector, Visnagar which came to be rejected by the Dy. Collector by order dated 28.2.2018.

2.2 The respondents herein challenged the said order by preferring RTS/2 of 2019 (10 of 2018) before the Collector, Mehsana, wherein the said revision came to be allowed by order dated 6.7.2019.

2.3 The petitioners herein challenged the said order passed by the Collector before the learned Special Secretary Revenue Department (hereinafter referred to as ‘learned SSRD’ for short) by way of Revision Application No.18 of 2019 which came to be rejected by order dated 1.2.2020 which has given rise to filing of the present petition. The petitioners herein having prayed for the following reliefs :-

“(A) The Hon'ble Court may be pleased to issue an appropriate writ and/or order and/or direction to quash and set aside the order dated 1/2/2020 passed by the Ld. SSRD in Rev. Application No. Mavivi/HKP/MSN/18/2019 (Annexure-A) and further be pleased to restore the order dated 28-2-2018 passed by the Ld. Dy. Collector, Visnagar in RTS/Vivad No.49 of 2018 (Annexure-B).

(B) The Hon'ble Court may kindly be pleased to stay the implementation, execution and operation of the order dated 1/2/2020 passed by the Ld. SSRD in Rev. Application No. Mavivi/HKP/MSN/18/2019 (Annexure-A) during pendency and final disposal of this petition.”

Amended prayers

“8. (B)(B) The Hon'ble Court may be pleased to quash and set aside the action taken by Mamlatdar deleting the name of Patel Shankarbhai Maganbhai which was mutated vide Entry No.7458 and further be pleased to direct the Respondent Authorities to maintain the status of Entry No.7458 prevailing prior to dated 6/7/2019.

(C) Ad-interim relief/s in terms of para 8 (B) may kindly be granted.

Amendment carried out as per the order dated 5/8/2020 by the Hon'ble Court.

8.(C)(C) Ad interim relief in terms of para 8(B)(B) may kindly be granted.

(D) Any other and further relief (s) that is just, fit and expedient in the facts and circumstances of the case may be granted.”

3. Mr. Dhaval N. Vakil, the learned advocate appearing for the petitioners submits that the petitioners herein are the legal heirs of deceased Shankarbhai who was the tenant of land bearing Survey Nos.2092 and 2101 situated at Visnagar since 1952. The said land was owned by Dipara Darwaja Patidar Panch Samast. It is disputed that the petitioners’ father surrendered his rights in the tenancy proceedings initiated by the Mamlatdar and ALT under Section 84C of the Gujarat Tenancy and Agricultural Act, 1948 (hereinafter referred to as ‘the Act, 1948) which was decided on 27.11.1976.

3.1 It is submitted that upon demise of the petitioners’ father the