STATE OF GUJARAT Vs. GUNVANTRAI TRAMBAKLAL VADODARIYA

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr.Sahil Trivedi for the appellant and learned advocate Mr.Hriday Buch for the respondent No.3.

(2.) In the present Letters Patent Appeal preferred under Clause 15 of the Letters Patent Act, the appellant State seeks to set aside judgment and order of learned Single Judge dtd. 27/11/2018, whereby learned Single Judge disapproved the exercise of suo motu powers after fifteen years, allowing the petition consequentially to set aside order dtd. 1/9/2015 passed by the Revisional Authority, as also order dtd. 24/1/2013 of the Collector.

(3.) In the petition, the petitioners- respondents herein prayed to set aside the orders, further praying to restore mutation entry No.493. It was in respect of the said revenue entry No.493 mutated on 22/5/1985 that the controversy revolved around the land bearing survey Nos.43 and 44 situated at Village Kumbhar, Taluka Botad, District Bhavnagar came to be purchased by the petitioners by sale deed dtd. 22/5/1985. Mutation entry No.493 was effected in the revenue records reflecting in the said transaction. It is the case of the petitioners that at the time of mutation of the entry, it was pointed out to the authority that the petitioners were doing agricultural activities at another land situated at village Targhara in the same Botad Taluka.