RAMESHCHANDRA RAMBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner herein has prayed for appropriate writ, direction or order quashing and setting the impugned order dated 02/03-04-2009 passed by the learned Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.15/2003, by which the learned Revisional Authority has dismissed the said Revision Application confirming the order passed by the Collector, Valsad dated 16.04.2003 in R.T.S. Appeal No.6/2001.

(2.) At the outset, it is required to be noted that petitioner has challenged mutation entry No.1381 which was certified on 16.09.1987 which was made in favour of respondent No.10 on the basis of registered sale deed dated 12.12.1986, after a period of 12 years and the Collector held that petitioner cannot be permitted to challenge the mutation entry after a period of 12 years and Collector also observed that if the petitioner is aggrieved, in that case petitioner has to approach the Civil Court for establishing his rights and/or to quash and set aside the registered sale deed dated 12.12.1986 executed in favour of respondent No.10 and the aforesaid order came to be confirmed by the Revisional Authority by the impugned order. Considering the aforesaid facts, it cannot be said that both the Authorities below have committed any error in not quashing and setting aside the mutation entry No.1381. As rightly observed by both the Authorities below, if the petitioner is aggrieved by transaction in favour of respondent No.10, in that case petitioner was required to approach the Civil Court for challenging the sale deed in favour of respondent No.10. No case is made out to interfere with the orders passed by both the Authorities below in exercise of powers under Articles 226 and 227 of the Constitution of India.

(3.) In view of the above, there is no substance in the present petition which deserves to be dismissed and is, accordingly, dismissed.