KAMLABEN DHAYASHANKAR DAVE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has preferred this petitioner under Articles 226 and 227 of the Constitution of India challenging the order dtd. 27/2/2012 passed by the Additional Secretary Revenue Department (Appeal) - respondent No.3 rejecting the revision application of the petitioner of confirming the order dtd. 22/1/2009.

(2.) The brief facts fo the present petition, as emerged from the record, is that land bearing Survey No. 319 of village Sankhari, Taluka & District: Patan was originally belonging ancestral property belonging to Dhayashankar Tuljaram Dave, who died on 25/4/1993. Thereafter, on 25/10/1993, entry No. 2591 was mutated in the name of his legal heirs and vide entry No. 2592 names of Bhagwatiben Dhayashankar Dave, Taraben Dhayashankar Dave and the petitioner Kamlaben Dhayashankar Dave were deleted stating that they have relinquished their rights in the suit property in favour of their brothers.

(3.) Private Respondent Nos. 2A and 2B have supported the case of the petitioner and has filed affidavit to that effect and submitted that they have no objection for mutation of the name of the petitioner along with them as co-owner. It is also stated on oath they have filed consent letter individually before the learned Collector on affidavit to that effect.