MINBAIBEN NANKABHAI KALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the impugned judgment and order dated 16.10.2018 passed in Special Civil Application No.718 of 2016.

(2.) The following noteworthy facts emerge from the record of the petition. One deceased Nankabhai Kalabhai was original owner of land bearing survey no.95 admeasuring 10 acre and 20 gunthas situated at village Krankach, Tal: Liliya, Dist. Amreli. The said land came to be purchased by one Nathubhai Bhagwanbhai along with one Kalubhai Arjanbhai. The said land was purchased on 14.5.1979. On the basis of sale deed an entry being no. 1872 came to be mutated and certified ultimately on 3.11.1981. Another entry being no. 2488 was made on 30.11.1993 as heirs of the Kalubhai Arjanbhai one of the private respondent herein decided to divide the land amongst themselves. the said entries i.e. entry no. 1872 dated 3.11.1981 and entry no. 2488 dated 30.11.1993 as well as subsequent entries being entry no. 558 dated 7.8.2008 came to be taken into suo motu revision by the District Collector, Amreli under Rule 108(6) of the Bombay Land Revenue Rules, 1972. Such show cause notice was issued on 21.7.2012 predominantly on the ground that Kalubhai Arjanbhai one of the purchaser was not agriculturist at the relevant time when the land in question came to be purchased. The District Collector, Amreli by an order dated 11.10.2012 quashed the entries in question, which came to be challenged by the private respondents original petitioners herein before learned Revenue Secretary (Appeals), which also came to be dismissed vide order dated 14.10.2015. The private respondents original petitioners filed a writ petition being Special Civil Application No.718 of 2016, which was allowed by the judgment and order dated 16.10.2018. Being aggrieved and dissatisfied with the same, present appeal is preferred under Clause 15 of the Letters Patent.

(3.) Heard Mr. N.K. Majmudar, learned advocate for the appellants, Mr. Adityasinh Jadeja, learned Assistant Government Pleader for the State and its authorities, Mr. Shital Patel, learned advocate, Ms. Krushita Patel, learned advocate and Mr. Kishan Daiya, learned advocate for the private respondents. Synopsis of facts were also submitted by Mr. N.K. Majmudar, learned advocate for the appellants, which are also taken on record.