VERSHIBHAI VIRMABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 19/22.03.2018 passed by the respondent no.2 i.e., Special Secretary, Revenue Department (hereinafter referred to as 'the SSRD') and order dated 29.08.2016 passed by the respondent no.3 i.e., the District Collector (hereinafter referred to as "the Collector").

(2.) The issue, involved in the present writ petition, revolves around entry nos.2208 and 2209 in the revenue record and pertains to land bearing survey number 297paiki/2. Vide entry no.2208, the name of the petitioner was mutated with respect to survey no.297 paiki 2 and vide entry no. 2209, the respondent no.4, declared and relinquished his right with respect to survey no. 297 paiki in favour of the petitioner. Both the entries were recorded in the revenue record, that is, village form no. VI on 16.06.2010 and were certified on 18.10.2010; however, the Collector, in suo motu revision has cancelled the entry nos.2208 and 2209, by order dated 29.08.2016. The said order of the Collector was unsuccessfully challenged before the SSRD, hence the present petition.

(3.) Undisputed facts are that the land bearing survey nos.283, 297 and 311 of village Indhata, Taluka Tharad belonged to Virma Raga Koli, father of the petitioner. After the death of the Virma Raga Koli, entry no.361 came to be mutated in the revenue record on 27.07.1978 recording the heirship and by the very same entry three sisters i.e., Galalbai Virma, Takhubai Virma and Halubai Virma, since they relinquished their rights, their names came to be deleted. Partition took place and hence entry no.1138 came to be mutated on 08.05.2001 recording the partition and as a result whereof survey no.311 came in favour of Okha Hema Virma Koli and Raymal Virma Koli; survey no.297 came in favour of Hemta Virma Koli and Bhava Raimal Koli; whereas survey no.283 came in favour of Vershibhai Virma i.e. the petitioner.