THAKORELAL SAKARLAL SHAH Vs. SOLANKI JAYSINH KISHORSINH

JUDGEMENT

(1.) This intra-Court appeal has been filed against the order dated 28.03.2017 passed by the learned Single Judge dismissing the Special Civil Application No. 4598 of 2002 filed by the petitioner Thakorelal Sakarlal Shah Versus Solanki Jaysinh Kishorsinh, through the Legal Heirs. The operative part of the order of the learned Single Judge is reproduced for ready reference :-

(2.) The learned counsel for the appellants Mr. Dipak Sindhhi urged before us that even though the proceedings under the tenancy law were pending before the competent authority in the proceedings under the Bombay Land Revenue Code, the mutation entries were entered in favour of the private respondents, which were not sustainable and therefore, the authorities below as well as the learned Single Judge have erred in rejecting the contention of the appellants-petitioners, who claim land holders' rights over the said land.

(3.) Per contra, learned Government counsel Mr. Meet Thakkar appearing for the State and Mr. Trilok J. Patel appearing for the private respondents have urged before us that on the basis of the evidence and material on record, the authorities have rightly come to the conclusion that the respondents, namely, legal heirs of Solanki Jaysinh Kishorsinh, were in the cultivatory possession of the land in question bearing Survey Nos.184/1 and 184/2/A situated in Village : Ghutanvad, Taluka : Jetpur Pavi, District : Vadodara.