KARSHANBHAI VALJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend the prayer clause.

(2.) RULE . Ms. Asmita Patel, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

(3.) BY this petition under Article 226 of the Constitution of India, the petitioners have challenged a communication dated 21.7.2011 of the Section Officer, Revenue Department, Gujarat State addressed to the Collector, Ahmedabad, whereby it has been stated that as per the communication of the Competent Authority and Additional Collector, Ahmedabad dated 15.7.2011, the possession of the lands bearing revenue survey No.164 of Mouje Gota, Taluka Dascroi has been taken over on behalf of the Government on 19.03.1993, which has not been returned till date, and thus, on the date when the Repeal Act came into force, the possession of the land was taken over by the State Government. In the present case, the possession of the lands having been taken over by the Government, the same would remain with the State Government and accordingly, necessary entry be made in the record and corresponding action be taken in connection therewith. The petitioners have also challenged mutation entry No.5084 made in village form No.6 ­ record of rights, wherein the aforesaid communication is referred to as an order dated 21.7.2011 and an entry has been made accordingly.