HARESHBHAI PRAGAJIBHAI VANANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing and setting aside the order passed by the revenue authorities, namely, the Assistant Collector, Valsad, Collector, Valsad, and the Special Secretary, Revenue Department (Appeals) (hereinafter referred to as the 'SSRD').

(2.) It is submitted that by virtue of the said order, the entry no.4081 dtd. 30/4/2015, which was posted in the revenue record, came to be cancelled. The edifice on which the entry has been cancelled, is the partnership deed arrived at between the respondent nos.5 and 6. It has been observed by the authorities that in view of the partnership deed, the respondent no.6 could not have sold the property, without the consent of the respondent no.5. Therefore, the entry, was not registered.

(3.) Mr R.S. Sanjanwala, learned Senior Advocate with Mr Archit P. Jani, learned advocate appearing for the petitioner submitted that during the pendency and after the passing of the orders by the revenue authorities, there is a settlement arrived at between the parties, by executing a settlement deed dtd. 13/10/2021. 3.1 It is submitted that as per the settlement deed, and more particularly paragraph 6(A), it has been agreed by the respondent no.5 that if the entry no.4081 is certified, he has no objection/dispute and wherever required, he is agreeable to execute the acceptance deed. As per paragraph 6(C), it has been agreed between the parties that the settlement deed will come into existence after the respondent no.5, gives consent/affidavit for certifying the entry no.4081.