LAWS(GJH)-2022-3-1773

SOMAJI MAGANJI THAKORE Vs. KANTIJI BHALAJI THAKORE

Decided On March 08, 2022
Somaji Maganji Thakore Appellant
V/S
Kantiji Bhalaji Thakore Respondents

JUDGEMENT

(1.) Issue Rule, returnable forthwith. Ms Asmita Patel, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent no.5 and Mr Harnish V. Darji, learned advocate waives service of notice of Rule on behalf of private respondents.

(2.) By this petition, under Article 226 and 227 of the Constitution of India, the petitioner challenges the order dtd. 16/8/2017 passed in revision application no.MAVIVI/HAKAPA/AMD/203/2015 passed by the Special Secretary, Revenue Department (Appeals) (hereinafter referred to as the "SSRD").

(3.) The facts in nutshell are that the land bearing survey no.809 admeasuring 8 acres, situated at Vejalpur, District Ahmedabad (hereinafter referred to as the "land in question") was running in the name of one Bhalaji Sadaji Thakore in the revenue record and in the partition amongst family members, land bearing survey no.809/1 admeasuring 3642 sq. meters, out of total 5866 sq. meters came to the share of the petitioner and entry no.7590 dtd. 23/10/1997 was posted in the revenue record, followed by certification on 25/11/1997; after recording statements and drawing panchnama and in conformity with the provisions of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as "the Code").