ISMAILBHAI ADAMBHAI UDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr Y.J. Patel, learned advocate appearing for the respondent no.13 has placed on record the affidavits, one in vernacular and other in english, both dtd. 23/3/2022 of Jubedaben Jamalbhai Pathan, i.e. the respondent no.13, who is personally present in the Court and confirms the affidavits. Both the affidavits are directed to be taken on record.

(2.) Mr S.M. Kikani, learned advocate appearing for the petitioner submitted that entry no.16429 was posted in the revenue record with respect to rukka no.48/1931 (hereinafter referred to as 'the land in question') by which, the names of the heirs were entered in the revenue record, except the respondent no.13. After the entry no.16429, another entry no.17051 was posted in the revenue record whereby, some of the heirs, have relinquished their rights from the land in question. Subsequent thereto, registered sale deed came to be executed in favour of the petitioner. The said transaction has been recorded in the village form no.2 vide entry no.759.

(3.) It is submitted that the order dtd. 6/6/2014 was also passed by the Mamlatdar, Mangrol, levying NA assessment and other funds. It is submitted that the respondent no.13 being aggrieved, had challenged the entry before the Deputy Collector, Keshod who, rejected the same vide order dtd. 8/10/2018 on the ground of delay. Being aggrieved, the respondent no.13 preferred an appeal before the Collector, Junagadh and the Collector, vide order dtd. 12/4/2019, allowed the revision application, quashing and setting aside not only the entry no.16429, but also the order dtd. 6/6/2014 of the Mamlatdar. The petitioner being aggrieved, has unsuccessfully challenged the revision before the Special Secretary, Revenue Department (Appeals) (hereinafter referred to as the 'SSRD')