BHAGWANBHAI MOHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order passed by learned SSRD dtd. 9/4/2018 in Revision Application No.MVV/HKP/AML/54/2016 dismissing revision filed by the petitioner and confirming the order of subordinate revenue authority, the petitioner has filed present petition under Article 226 of the Constitution of India.

(2.) The brief facts giving rise to the present petition are as under:-

(3.) Respondent no.4 has filed affidavit-in-reply, wherein, while accepting the history of the land in question and the sale transactions entered into by the petitioners, respondent has mainly contended that the authority has rightly cancelled mutation entry. It is specifically contended that the land in dispute has been sold to the petitioners on the same day when they have been ordered to be converted to Old Tenure lands. It is also contended that as observed by the Collector, land granted in Sathani is situated at other place and the land sold to the petitioners by way of registered Sale Deed is Government land and, therefore, on breach of condition, order of confiscation of the land is passed and the land is ordered to be vested in Government. It is contended that land, which is originally granted in Sathani has been sold to the petitioners by mentioning wrong boundaries and, accordingly, valuable land of the Government has been sold.