DAHYABHAI CHHITUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition, has been filed under Articles 226 and 227 of the Constitution of India inter alia praying for quashing and setting aside the order dated 25.5.2011 passed by the Additional Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No.MVV/HKP/TP/8/2009 whereby, the revision application filed by the petitioners has been rejected.

(2.) The brief facts are as under:-

(3.) Ms. Kruti M. Shah, learned advocate for the petitioners submitted that the Mamlatdar, Valod, while passing the order dated 7.2.2008 certifying the entry number 12838 dated 26.4.2007, has not considered the decree dated 28.1.1971 passed by the learned Civil Judge (J.D.), Bardoli as well as the registered release deed dated 27.5.1974. It is submitted that the Mamlatdar ought to have considered the consequences of the release deed dated 27.5.1974, that is, that Bai Parvati upon executing the release deed had ceased to be the owner of the property and thus, there could not have been mutation of entry number 12838 dated 26.4.2007 in the revenue record.