RAJIBHAI KESRABHAI KHANT DECEASED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of challenging the legality and validity of the orders passed by the authorities below, namely, order dtd. 26/6/2010 passed by the District Collector, Panchmahal in RTS/APPEAL No.20/09/washi/1403 TO 1407 and the order dtd. 30/6/2012 passed by the learned Special Secretary, Revenue Department (Appeals) and also an order passed by the respondent Deputy Collector on 1/7/2010.

(2.) The background of the facts which has given rise to filing of this appeal is that certain parcels of lands are situated at village : Manchod, Taluka: Santrampur bearing Account No. 13 consisting of Survey No. 95/3, 130/1, 145/1, 150/3, 150/6, 152 paiki 1, 155/5, 155/6, 162/3, 163/3 and 222 and the present petitioner claiming to be an adopted son of deceased Kesrabhai Khant was having one daughter only and after the death of Kesrabhai Khant on 27/10/1987, the present petitioner came to be mutated vide Entry No.494. By virtue of registered adoption deed in the year 1984, the petitioner came to be adopted by said deceased Kesrabhai Khant and in view of that registered adoption deed, a revenue entry was made bearing Entry No.494 on 26/6/1984 in favour of present petitioner. The said entry, according to petitioner, came to be certified on 14/9/1989 after due process. It is this Entry No.494 which was made the subject matter of challenge by respondent Hamirbhai Somabhai Khant by way of preferring an appeal before the learned Deputy Collector, Lunavada under Rule 108(5) of the Gujarat Land Revenue Rules, 1972. The said appeal was entertained and by virtue of order dtd. 1/7/2009, the appeal came to be allowed and Revenue Entry No.494 came to be set aside. On account of such order passed by learned Deputy Collector, the present petitioner has filed an appeal before the Collector under Rule 108 sub-rule 6 of Rules 1972 but the learned Collector did not consider and the appeal also came to be dismissed. Against the said order passed by the learned Deputy Collector as well as by learned Collector, the present petitioner has preferred a Revision Application before the Secretary, Revenue Department (Appeals) which came to be registered as a Revision Petition No.16 of 2010.

(3.) This petition came to be entertained by the Co-ordinate Bench of this Court by virtue of order dtd. 25/9/2012 and by detail order, the matter came to be admitted and the status quo with regard to Entry No.494 dtd. 26/6/1984 and certification thereof was ordered to be maintained till final disposal of this petition. Later on, the matter came up for consideration time and again before various Benches and now it has come up for consideration before this Court in which Mr. Mehul S. Shah, learned senior advocate appearing with Mr. Mehul M. Mehta, learned advocate for the petitioner, Mr. Vijay Patel, learned advocate appearing for Mr. H. L. Patel Advocates has represented contesting respondent and Mr. Chintan Dave, learned Assistant Government Pleader has represented State - Authority.