(1.) THE petitioners in this petition preferred under Articles 14, 16 and 226 of of the Constitution of India has challenged the legality and validity of the order dated 28.2.2012 passed by respondent No.1-State of Gujarat while exercising the powers under the provisions of Bombay Land Revenue Cod, 1890. ( "the Code" for short) in the Revision application preferred by the petitioners.
(2.) IT would be profitable to reproduce the facts in a capsulized form.
(3.) APPEAL No.103/07-08 was preferred by the respondent No.2 under Rule 108(5) of the Bombay Land Revenue Rules before the Deputy Collector, Jamnagar for revision of Entry No.354 and 428 in respect of land being Revenue Survey No.177/1. Present petitioners were not parties in the said appeal but only Mamlatdar, Jamnagar city was the party respondent. Deputy Collector without joining the petitioners and without issuing them the notices as also without affording any opportunity of hearing to them allowed the appeal filed by the respondent, setting aside the Entries No.354 and 428. The Deputy Collector vide his order dated 21.11.2008 also directed to make fresh entry after verifying necessary evidence.
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