NARMADABEN HIRABHAI PATEL Vs. SHANTILAL CHHITABHAI PATEL

JUDGEMENT

(1.) In facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, the petition is taken up for final hearing today.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for an appropriate writ, direction or order quashing and setting aside the impugned order passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application Nos.8/2009 and 9/2009 filed by the petitioners and respondent No.1/1 to 1/4 herein and consequently to direct the respondent authorities to delete the entry mutated in the name of the government in the revenue record with respect to the land bearing survey No.202 situated at village Boriyad, Taluka Dabhoi, District Vadodara and to mutate names of the present petitioners as per mutation entry No.608 dated 15.07.1997.

(3.) The disputed land in question was originally belonging to one Lakhiben Jesingbhai who expired without leaving any direct heir and it is the case on behalf of the petitioners that they are surviving heirs of late Lakhiben Jesingbhai, as Jesing's mother and Ranchhodbhai, who happens to be the grandfather of the petitioners, were brother and sister and thus, nearest relatives of the said Lakhiben are the petitioners. That the name of the father of the petitioners Hirabhai R. Patel was mutated in the revenue record in the year 1977 vide mutation entry No.608 as surviving heirs of late Lakhiben and the same was also certified on 23.08.1977. It appears that thereafter the father of respondent Nos.1/1 to 1/4 late Chhitabhai Bapubhai also made application for mutating his name in the revenue record with respect to the land in question vide entry No.631 and the said entry was registered in the disputed register. That father of the present petitioners objected to the aforesaid entry No.631 and consequently Mamlatdar, Dabhoi vide order dated 14.07.1980 did not certify the said entry No.631. That the father of respondent Nos.1/1 to 1/4 preferred Appeal before the Deputy Collector being Appeal No.37/1980 and the Deputy Collector by order dated 14.08.1980 allowed the said Appeal quashing and setting aside the order passed by the Mamlatdar in not certifying the entry No.631 and remanded the matter to the Mamlatdar. That on remand, the case was renumbered as Remand Case No.8/81 and same came to be decided by Mamlatdar, Dabhoi by order dated 06.04.1981. It is the case on behalf of petitioners that due to inadvertence instead of entry No.631, it was mentioned that entry No.660 was cancelled and it was also further observed by the Mamlatdar that heirs of deceased Lakhiben should obtain succession certificate from the competent authority and only thereafter new entry should be mutated and during the said period, name of the government should be mutated. Pursuant to the aforesaid order, mutation entry No.681 was recorded in the revenue record. That the aforesaid mutation entry No.681 was taken under suo motu Revision by the Deputy Collector by Revision Application No.17/94 and in the said order, the Deputy Collector directed to include the name of government and to remove name of deceased father of respondent Nos.1/1 to 1/4. That being aggrieved and dissatisfied with the aforesaid orders, petitioners as well as respondent Nos.1/1 to 1/4 preferred RTS Appeal No.1/95 and 2/95 before the Collector, Vadodara and Collector, Vadodara by order dated 06.12.1995, remanded the matter back to the Deputy Collector as during that period, the present petitioners had already obtained the succession certificate from the competent Civil Court. The Deputy Collector was also further directed to verify the latest position of the civil proceedings. That in the meantime the petitioners already obtained the succession certificate from the Court of learned Civil Judge, Junior Division, Dabhoi by order dated 17.11.1995 and the learned Civil Judge granted succession certificates in favour of the petitioners. It is the case on behalf of the petitioners that despite the above, Deputy Collector by order dated 28.12.1998, maintained his earlier order. That against the order passed by the Deputy Collector, Vadodara dated 28.12.1998, petitioners as well as respondent Nos.1/1 to 1/4 preferred RTS Revision Nos.54/99 and 58/99 respectively before the Collector, Vadodara and the Collector, Vadodara by order dated 31.03.2000 dismissed both the aforesaid Revision Applications. Being aggrieved and dissatisfied with the aforesaid orders passed by the Collector, Vadodara, petitioners and respondent Nos.1/1 to 1/4 preferred Revision Application Nos.8/2000 and 9/2000 respectively before the Secretary (Appeals), Revenue Department, State of Gujarat and Revisional Authority by impugned order dated 18.06.2009 dismissed both the aforesaid Revision Applications by holding that the orders passed by the Collector mutating the name of the government in the revenue record for the land bearing survey No.202 situated at village Boriyad, Taluka Dabhoi, District Vadodara, is not required to be interfered with. Being aggrieved and dissatisfied with the aforesaid order, petitioners herein have preferred the present Special Civil Application under Articles 226 and 227 of the Constitution of India.