MINAXIBEN BIPINCHANDRA MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners of Special Civil Application No.801 of 2021 have prayed for following reliefs:

(2.) It is the case of the petitioners of Special Civil Application No.801 of 2021 that the land bearing Survey No.103 admeasuring about Hec.Are.Sq Mtr. 7/11/24 of village Dumas, Tal:Choryasi, District: Surat was purchased by Ishwarlal Chhaganlal Modi by way of registered sale-deed No.3757 dtd. 16/8/1971 executed before the office of the Joint Sub-Registrar, Surat. That on account of the aforesaid sale-deed executed in the year 1971, a mutation Entry No.1799 was mutated on 15/9/1971 and the same was certified on 16/8/1971. Said Ishwarlal Chhaganlal Modi expired on 8/11/1994 and, therefore, the land in question came to the successors of Late Shri Ishwarlal Chhaganlal Modi and their names were mutated in the revenue record as legal heirs of Late Shri Ishwarlal Chhaganlal Modi.

(3.) Learned advocate Mr.Vakharia with learned advocate Mr.Muchhada for the petitioners of Special Civil Application No.801 of 2021 submitted that though the order passed by the Gujarat Revenue Tribunal dtd. 16/11/2007 was passed and the same was communicated at the earliest to the respondent - State and thereafter from time to time the State Authorities were sent reminders after reminders, the State Authorities did not issue certificate by stating that the challenge to the aforesaid order dtd. 16/11/2007 passed by the Gujarat Revenue Tribunal is under process.