SURYAKANTBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article-226 and 227 of the Constitution of India, is filed for quashing and setting aside the order dated 14-12-2010 passed by the Collector, Kheda and order dated 29-06-2015 passed by the Secretary, Revenue Department (Appeals) in Revision Application No.4 of 2010, confirmed the order of the Collector. The issue before this Court is with regard to the status of the petitioners as agriculturist.

(2.) Learned Advocate for the petitioners submitted that Entry No.736 with regard to Block No.132 of Village-Bidaj, Taluka- Kheda, which was called under the Revision and set aside on the ground that the petitioners had not established their status as agriculturist. Transaction was therefore, sought to be set aside.

(3.) Learned Advocate for the petitioners submitted that the Authority has failed to take into consideration the fact that by ancestral land of the petitioners, which was situated at Village-Rakhiyal, bearing Survey no.135/2 earlier running in the name of the father of the petitioner i.e. Jamnadas Balabhai and after his death, mutation entry was carried out on the basis of succession being 5620 and accordingly, the petitioners were entered as agriculturist in the land bearing Survey No.135/2 of Rakhiyal Taluka City, District- Ahmedabad.