ASHWINBHAI SHANKARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP waives service of Rule on behalf of the respondent-State.

(2.) This petition is filed under Article 226 of the Constitution of India seeking appropriate direction to quash and set aside the order dated 09.10.2019 passed by respondent no.2 District Collector, Ahmedabad in LB/RA/491 of 2018. It is further prayed that mutation entry no.6301 with respect to the land bearing survey no./ Block no.254 situated at Sub-District Ahmedabad, Taluka Ghatolodiya, Village Gota be confirmed.

(3.) Learned advocate for the petitioner submits that after a long legal battle in the Supreme Court, the petitioner has successfully established himself as original owner and occupier of the land in question, which the petitioner came in possession under registered sale deed of the year 2007 from the original owner. It is submitted that as the land in question was involved in proceeding under the provisions of The Urban Land (Ceiling and Regulation)Act, 1976 a petition came to be filed by the original owner being Special Civil Application No.539 of 1993 which came to be decided in favour of the petitioner by order of this Court dated 12-13/08/2013. It is submitted that as the decision under the Provisions of The Urban Land(Ceiling and Regulation)Act, 1976 was in favour of the original owner, there was no legal impediment for mutating the entry in favour of the present petitioner on the basis of registered sale deed. Accordingly, the City Mamlatdar filed mutation entry no.5364 on 21.08.2012 and registered his disputed entry. However, thereafter, the Mamlatdar posted another entry being entry no.6301 on 03.09.2015 which came to be cancelled on 29.10.2015 on account of the order dated 08.02.2013 cancelling the previous mutation entry no.5364.