KANTIBHAI PARBHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India the petitioners have challenged the order dtd. 6/1/2020 passed in Case No. 16/2018 by the Mamlatdar Dhrangadhra in Mamlatdar Court Act as well as the order dtd. 10/7/2020 passed in Revision Case No. 6 of 2020 by the Deputy Collector, Dhrangadhra in Mamlatdar Court Act and further prayed for rejection of suit filed by the petitioners i.e. private respondents.

(2.) The background of the facts which has given rise to fling of this petition is that present petitioner No. 1 is the owner of land bearing Survey No. 198 (New Survey No. 289), Khata No. 433 situated at Village: Navalgadh, Taluka: Dhrangadhra, District: Surendranagar whereas petitioner No. 2 is the owner of land of Survey No. 186/Paiki-1 (New Survey No. 300), Khata No. 432 situated at Village: Navalgadh, Taluka: Dhrangadhra, District: Surendranagar. Respondent No. 2 claiming to be the owner and possessor of land of Survey No. 197 (New Survey No. 290) of Khata No. 287 of Village Navalgadh, Taluka: Dhrangadhra, District: Surendranagar and according to the petitioners, towards the western side of land owned by the petitioners, land of Survey No. 186/Paiki-1 (New Survey No. 300) as well as waste land is situated and towards south, this land is situated and after this land, there appears to be a river. Near the said river, the limit of Village Vrajpar starts and according to the petitioners, towards the south of the land owned by respondent No. 4, the land of the petitioner No. 1 is situated and after that there is a Government waste land and thereafter, the river followed by the sim of Village Vrajpar.

(3.) The record indicates that at the initial stage when the matter came up for consideration before the Court, the coordinate Bench of this Court on 11/8/2020 after formulating a prima facie opinion that the order passed by the revisional authority is without assigning any reason notice was issued and then after completion of pleadings the matter has come up for consideration before this Court.