DAHYABHAI LALLUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

(2.) THE facts which can be carved out from the record of the petition are that the petitioners were original owners of land bearing block No.968 of Village Atagam, Taluka District Valsad. It is averred in the petition that respondent Nos.4 to 6 purchased the land in question from the petitioners by way of a registered sale deed dated 2.7.1986. It is the case of the petitioners that at the relevant time, the land in question was running in the revenue records as old tenure land and even at the time of consolidation, entry No.5458 came to be mutated in the revenue records and at that time also, no restrictions were reflected over the land in question. It is further the case of the petitioners that under the bonafide belief that the land in question is old tenure land, the petitioners transferred the said land in question in favour of respondent Nos.4 to 6. It is further averred that on such a transfer, entry No.8391 came to be posted in village form No.6 dated 17.7.1986 recording the fact of having executed the said sale deed. It is also the case of the petitioners that when entry No.8391 came to be posted, the Mamlatdar made an endorsement that it is a new tenure land and therefore, actions for breach of condition are required to be initiated.

(3.) THE aforesaid orders passed by the authorities on 14.2.1989, 30.12.1989 and 4.11.1992 are again challenged by way of filing this petition.