MAVJIBHAI SHAMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Aishvarya Gupta, learned Assistant Government Pleader appearing for the State and Mr. V.C. Vaghela, learned advocate for the respondent no. 8 waive service of notice of rule. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

(2.) By way of the present petition, the petitioner has prayed to quash and set aside the impugned order dated 30.09.2019 passed by respondent no. 5 - Mamlatdar in RTS Dispute Case No. 34 of 2019 and to direct the respondent no. 5 - Mamlatdar to certify entry no. 4712 mutated in favour of the petitioner pursuant to the registered sale deed dated 11.07.2018 executed in favour of the petitioner by respondents no. 9 & 10 with respect to the land in question.

(3.) The land in question is land bearing Survey No. 419 admeasuring 13,959 sq. mtrs of village Abhava, Taluka - Majura, District - Surat. One Jayantibhai Balubhai was the original owner of the land. On 17.08.1987 the said land was purchased by deceased Hanskamal Atmaprakash Grover. Pursuant to such a sale, by a registered sale deed, entry no. 959 was mutated in favour of Hanskamal Grover on 20.08.1987. Later the names of Hanskamal Grover's father and sister Sudhaben Gandhi were entered vide mutation entry no. 982 which was certified on 22.12.1988. The family members, Sudhaben and widow, on Hanskamal Grover's death sold the lands on 24.05.2007/12.06.2007 in favour of respondent no. 8 Kantilal Nagjibhai (petitioner of Special Civil Application No. 13977 of 2019). Accordingly, on 21.09.2007, entry no. 3184 was mutated in the favour of respondent no. 8 as a result of a registered sale deed and the same was certified on 09.07.2008.