J G KUNDALIA Vs. MAMLATDAR RAJKOT TALUKA

JUDGEMENT

(1.) Heard Mr.D. U. Shah, learned advocate appearing on behalf of the petitioner and Mr.I.M.Pandya, learned AGP appearing on behalf of the respondent authorities.

(2.) In the present petition, RULE has been issued on 19th June, 1990 and interim relief in terms of para 13(B) has been granted by this Court on 23rd July, 1990. The brief facts of the present case are as under.

(3.) The land bearing Survey No. 24/2 admeasuring 20 gunthas and Survey No. 24/3 admeasuring 19 gunthas situated at Raiya was the holding of the occupant Koli Narsi Popat under the Saurashtra Land Reforms Act. The entry No. 1167 dated 16-2-1967 was made in village record of right and was verified by the Deputy Mamlatdar, Rajkot on 21st March, 1967. The aforesaid land along with some other land was sold by registered sale deed by Koli Narsi Popat to the petitioners for Rs.6500.00 and entry No.1170 was made on 16th February, 1967 in the village form No. 6. This entry was verified by the Deputy Mamlatdar, Rajkot on 21st March, 1967. A show cause notice was issued under the Land Revenue Rule 108(6) on 30-9-1986 to the petitioners as to why the revenue entry Nos. 1167 and 1170 should not be revised. The Deputy Collector, Rajkot passed order on 30th November, 1986 in Case No. 30/86 quashing and setting aside both the entries and subsequent sale transactions. The Mamlatdar at Rajkot was given direction to take order dated 25th February, 1964 into consideration and to make necessary entries after legal inquiry. Against the said order, the petitioners preferred Land Revenue Rules Revision No.20 of 1987 before the Collector at Rajkot. The Collector, Rajkot vide his order dated 9th July, 1987 dismissed the Land Revision No. 20/87. Thereafter, on 22nd July, 1987 the petitioners preferred Revision Application and the said revision was also dismissed by the Additional Chief Secretary by his order dated 29th December, 1989 which order received by the petitioner on 5th February, 1990. It is this order against which the present petition has been filed by the petitioner.