PRAVINBHAI KESHAVBHAI KASALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The issues involved in all the petitions are interconnected, overlapping and outcome of one writ petition, will have a bearing on the others. Therefore, all the writ petitions are heard together and are being disposed of by this common CAV judgment.

(2.) Though facts are common; challenge in all the three writ'petitions varies, and gist in sequential order of events, is set out hereunder for ease of reference

(3.) The facts as is discernible from the petition, are to the effect that the land situated at village Samadhiyala, Taluka Umrala was running in the name of one Shri Bavaji Ishwardas Jankidas. According to the petitioner, after enactment of Saurashtra Barkhali Abolition Act, 1951 (hereinafter referred to as the 'Act of 1951') the Special Mamlatdar, Palitana issued a Hakpatrak Certificate dated 6.3.1953 in favour of Shri Bavaji Ishwardas Jankidas in connection with the land bearing survey no.135, admeasuring 3 acres, 08 gunthas (hereinafter referred to as 'the land in question') and said transfer was entered in the revenue record vide entry no.124. Vide registered sale­deed dated 23.2.1959, the father of the petitioner purchased the land in question by paying full consideration towards the same. Pursuant to which, an entry no.173 was mutated in the revenue record, however, the same was not certified and came to be rejected vide order dated 9.12.1961 passed by the Mamlatdar, Umrala.