KAPILABEN KADUBHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 25/3/2021 passed by learned Special Secretary Revenue Department (for short the SSRD) in revision application no.MV/KON/MHS/1/2019, whereby the revision application of the petitioner came to be rejected and the order passed by the learned Collector, Mahisagar dtd. 23/8/2019 passed in RTS/ Review Application No.6/2019 came to be upheld, the petitioner has preferred this petition under article 226 , 227 of the constitution of India for the following reliefs.

(2.) The brief facts arising out of the present petition are as under:-

(3.) The private respondents have filed their affidavit in reply opposing the petition. It is contended that the petitioner has also filed a suit before the Civil Court and prayed for relief on the basis of registered sale deed in her favour and therefore she has availed the alternative remedy available with her. It is contended that since alternative remedy is available, the petitioner deserves to be dismissed. It is contended that the transaction itself is void ab initio and illegal and therefore, there is no question of limitation applicable. It is also contended that the without prior permission of the Collector, the petitioner has purchased the land in question therefore the transaction itself is ab initio void. It is also contended that the present transaction and sale deed took place in the year 2010 and therefore, the amendment carried out in the year 2013 would not apply to the facts of the present case, as the Government Resolution is effective from 4/2/2013. On all these grounds, it is prayed by the respondent no.6, 7 and 8 to dismiss the petition.