PRABHABEN BHAGWANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. S.P. Majmudar, learned advocate for the petitioner and Ms. Dhwani, learned AGP for the respondent State. Private respondent though served has not appeared.

(2.) In the present petition, the dispute pertains to the land situated at Revenue Survey No. 37/1 of village Hadmatiya, Tal. Tankara, Dist. Morbi, which was initially of the ownership of Sadhu Raviram Premdas, whose name came to be entered into the revenue record on 25/2/1969 by promulgation Entry No. 1259. Thereafter, in 1997, there was family settlement in the matter and land admeasuring 10 Acres- 0 Gunthas of Revenue Survey No. 37/1/p went to the share of Atul Raviram, for which entry No. 2472 was mutated in the revenue record Village Form No.6 on 3/2/1997. Thereafter, on 2/7/2007, Atul Raviram sold part of the land admeasuring 4 Acres and 16 Gunthas to the respondent Narbheram Ratnabhai @ Ratanshibhai merja , which was mutated vide entry No. 3027 dtd. 3/10/2007. Narbherambhai R Merja then sold the said land to the present petitioner by way of registered sale-deed on 8/3/2010 for which necessary entry need to be mutated in the revenue village form No.6 and initially it was mutated as entry No. 3297, however, it was not certified at the relevant point of time.

(3.) Considered the averments made by both the parties. Perused the material placed on record. It appears that the version of the petitioner that initially by promulgation entry, the land in question was shown in the name of Sadhu Raviram Premdas and thereafter there was family partition and one of the heirs has sold his portion of land to Narbheram, who in turn, sole the property to the present petitioner. It also reveals from the material placed on record that entries have been mutated for every transaction. It is also revealed from the record that Civil Suit is filed by the heirs of the deceased Atulbhai for cancellation of the sale deed executed in favour of the petitioner. It appears from the order of the Collector that present petitioner was never made party. Not only that, all the entries of last 60 years have came to be set aside by the learned Collector, without affording any opportunity to the concerned persons.