DHARAMGAR BHOJGAR GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed under Articles 226 and 227 of the Constitution of India against order dated 15.10.1999 passed by the Additional Chief Secretary, Revenue Department (Appeals), Gujarat State, Ahmedabad in Revision Application filed by the petitioner whereby the Additional Chief Secretary has rejected the revision application filed by the petitioner with another revision application filed by respondent Nos.4 and 5 and confirmed the order dated 18.3.1994 passed by the Collector in two different appeals.

(2.) THE petitioner as also respondent Nos.4 and 5 claimed to be pujaris of Bhareshwar Mahadev Temple, situated at Anjar, District Kutch. It is the case of the petitioner that person belonging to Sorathiya community at Anjar had established a temple and donated 10 acres and 30 gunthas of land of Survey No.332. The said land was in two parts and the land was enjoyed by two different branches of the petitioner and respondent Nos.4 and 5 and therefore, entry in the name of their family members came to be rightly made in the revenue record. However, entry was effected as disputed entry by the Talati as per the order passed by the Mamlatdar and ultimately Mamlatdar passed order dated 30.4.1990, deleting the entry made in the name of the petitioner. The above order of the Mamlatdar was set aside by the Deputy Collector at the instance of the petitioner and the matter was remanded by the Deputy Collector to the Mamlatdar to take fresh decision. However, the order of the Deputy Collector was challenged before the Collector and the Collector remanded the matter back to the Deputy Collector to decide the same after taking into consideration the provisions of the Bombay Public Trusts Act. The direction of the Collector while remanding the matter was with a view to decide whether the property actually belonged to the Trust or not.