JUDGMENT :

1. Heard Mr. N.V. Gandhi, learned advocate appearing for the petitioner and Ms. Devanshiba Rana, learned AGP appearing for the respondent – State authorities.

2. By way of present petition, the petitioner herein has invoked Article 226 of the Constitution of India challenging the impugned orders; (a) dated 14.12.2022 passed by the learned Principal Secretary (Appeals), Revenue Department, State of Gujarat, Ahmedabad, in Revision Application No.MVV-HKP-JNR- 16/2021; (b) dated 18.10.2021 passed by the District Collector, Jamnagar, in Revision Application No.RTS Revision-JMN 10/2020 and (c) dated 18.02.2020 passed by the Deputy Collector & Prant Officer, Jamanagar, whereby, the respondent Nos.1 to 3 by the impugned orders, confirmed the order passed by the respondent No.4 rejecting the mutation entry No.2548, dated 29.06.2019 of registered sale deed dated 29.06.2019 registered before the Sub-Registrar, Jamnagar- 4(Kheti) in Book No.1 at Sr. No.581, in relation to the subject land bearing agriculture land of Survey No.392 paiki 5, admeasuring 0-79-93 H-Are-Sq.Mtrs. Tika 2, situated in the city of Jamnagar (for short ‘the subject land’).

3. It is the case of the petitioner that the petitioner herein is an agriculturist and belonging to the Maldhari-Charan Community, a certificate of which is duly issued in favour of the petitioner’s husband on 08.05.1995 by the competent authority duly annexed at Annexure – E to the petition. By the registered sale deed dated 29.06.2019 registered before the office of Sub-Registrar, Jamnagar at Jamnagar -4(Kheti) in the Book No.1, Sr. No.581, the petitioner purchased the subject land from one Jamnadas Devjibhai & Others. Copy of the said sale deed is duly produced at Annexure – F to the petition. One pencil entry No.2548, dated 29.06.2019, was recorded in relation to the said sale deed. The petitioner herein pointed out to the competent authorities that after the death of the petitioner’s husband, vide succession entry No.2687, 710 and 1695, all dated 28.06.2018, names of the petitioner and other heirs came to be mutated in the revenue record. Copies of the said succession entries are duly produced at Annexure – H colly. to the petition.

3.1 The petitioner and others also transferred the consolidated new S/B No.321 and within stipulated time from the date of such transfer, purchased the subject agricultural land. Copy of the sale entry No.2714, dated 27.03.2019 is duly produced at Annexure – I (page 118) to the petition. It is not in dispute that the petitioner purchased the subject agricultural land within stipulated time after transferring the new S/B. No.321 and is having coparcenary agricultural land at Mouje/Village : Ravalsar & Dheba of Jamnagar District. On 24.09.2019, the Mamlatdar, Jamanagar City, rejected the mutation entry No.2548, which is duly produced at Annexure –J to the petition.

3.2 Being aggrieved and dissatisfied by the rejection of the mutation entry, the petitioner preferred RTS Appeal before Deputy Collector & Prant Officer, Jamanagar City, being HKP Appeal No.05/2019 as provided under Rule 108(5) of the Gujarat Land Revenue Rules, 1972. It was the case of the petitioner before the said authority that the petitioner was possessing the agricultural lands situated at Mouje/Village : Ravalsar & Dheba of Jamnagar District and hence, after verifying the said details, the Mamlatdar (Rural) issued Certificate No.JMN/VASHI/1666/Reg. No.110/2019, dated 29.07.2019, certifying the status of the petitioner as an agriculturist on the date on which, the agricultural land was purchased by the petitioner. It was also pointed out that the agricultural lands of new S/B No.321 has been purchased by the petitioner’s husband under public auction conducted by the Special Recovery Officer appointed by the Bank and accordingly, mutation entry No.732, dated 15.05.1980, was posted in the Village Form No.6, which was duly certified. The petitioner pointed out that the agricultural lands were cons