ABHEYRAJBHAI BECHHARBHAI CHAUDHARY Vs. GOVINDBHAI MADHABHAI PATEL

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the judgment and order dated 9/7/1993 of Mamlatdar, Gandhinagar in R.T.S. Application No.14 of 1992 and also the order dated 1/4/1999 passed in Revision Application No.18 of 1994 by the Special Secretary (Appeals), Gujarat State.

(2.) THE facts of the case are that by virtue of exchange, in lieu of Survey No.476 admeasuring 1 H 98 Are 33 Sq. Mts., the petitioner was given lands bearing Survey Nos.389 & 580 admeasuring 1 H 41 Are 64 Sq. Mts. And 1 H 12 Are 30 Sq. Mts situated at Mouje Dola Rana, Vasna, Dist. Gandhinagar. THE petitioner claims to be in possession since 1987 88. By application dated 23.09.1991, which is numbered as RTS No.14 of 1992, the petitioner requested the Mamlatdar, Gandhinagar to mutate his name in the Panipatrak. THE Mamlatdar THE Mamlatdar, Gandhinagar rejected the said application by his order dated 09.07.1993. Against the said order, the petitioner preferred Appeal No.2/23/93 before the Deputy Collector, Gandhinagar which came to be allowed by order dated 16.12.1993 and the Deputy Collector directed to mutate the name of the petitioner in the revenue record. 2.1 Being aggrieved by the said order, the respondent No.1 preferred Revision Application No.1 of 1994 before the Collector, Gandhinagar who dismissed the said revision on 10.10.1994 and confirmed the order of the Deputy Collector. 2.2 Being further aggrieved by the order of the Collector, the respondent No.1 preferred Revision Application No.18 of 1994 before the Special Secretary (Appeals), Revenue Department, Gujarat State who allowed the said revision application by judgment and order dated 01/04.05.1999 whereby the said authority quashed and set aside the orders dated 16.12.1993 and 10.10.1994 of the Dy. Collector as well as Collector respectively and confirmed the order dated 09.07.1993 passed by the Mamlatdar, Gandhinagar. 2.3 It is this order which is under challenge in the present Special Civil Application.