DECEASED VASHRAMBHAI VALJIBHAI PATEL Vs. SECRETARY REVENEU

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent Nos.1 and 2 and learned Advocate Mr. R.K.Mansuri waives service of rule on behalf of the respondent No. 3.

(2.) This petition under Article-226 of the Constitution of India is filed for quashing and setting aside the order dtd. 16/7/2015 passed by the Special Secretary Revenue (Appeals) in Revision No. MVV/HKP/SBR/49/2010 as well as the order dtd. 29/5/2010 passed by the Collector in the proceeding being RTS-Revision Case No.99 of 2009.

(3.) Learned Advocate for the petitioners submitted that the petitioners came into possession and occupation of the land in question bearing Survey No./Block No.167 ad-measuring 1 acre of Village-Nandisan, Taluka-Modasa by way of registered Sale-deed qua which the Mutation Entry was posted and certified. However, at behest of the original owner from whom the petitioners had purchased, the proceedings were initiated for setting aside the Entry thus, certified and Show Cause Notice came to be issued on the ground that the Entry was predated registered Sale-deed as registered Sale-deed is dated 28 th May, 1979, whereas Entry No.322 was posted on 28/4/1979 and therefore, registered Sale-deed is subsequent one and therefore, cannot support the Entry in question.