HUSSAINBHAI JOYEBBHAI BHARMAL Vs. COLLECTOR

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, petitioner initially prayed for an appropriate writ, direction or order directing the respondents, more particularly, respondent No.3, Mamlatdar, Paddhari to certify the kachha entry No.2794 dated 21/8/2009 in the revenue records of the land bearing village survey No.224 paikee ad-measuring 18 Acres and 39 Gunthas of village Nyara, Taluka Paddhari, District Rajkot. Subsequently, by way of amendment, the petitioner has prayed for an appropriate writ, direction or order quashing and setting the order dated 7/12.04.2010 passed by the Collector, Rajkot, by which the Collector, Rajkot has taken the order passed by the Deputy Collector, Morbi dated 10.08.2009 in suo motu revision under Section 211 of the Bombay Land Revenue Code (herein after referred to as "Code") and during the pendency of the said proceedings has granted the stay of further execution, implementation and operation of the order passed by the Deputy Collector, Morbi dated 10.08.2009 and directed the Mamlatdar, Paddhari to make necessary entry with respect to such a stay order in the revenue record.

(2.) THE brief facts leading to filing of the present Special Civil Application in nut-shell are as under:

(3.) HEARD the learned advocates appearing on behalf of the respective parties at length.