RAMNIKLAL (RAMANLAL) TRIKAMJI SEVAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by this petition challenges the order passed by the Deputy Collector and the confirmation thereof by the District Collector as well as State Government; whereby, the entry No.276 dated 11.4.1997 mutated in the revenue record is set aside and the matter is remanded for following procedure as if the interest is derived in the property by way of succession.

(2.) THE short facts are that as per the petitioner, widow Prabhuichchha Prabhuprasad expired on 28.12.1995 without leaving any issue and she executed Will ; whereby, the property bearing Block No.13, C.S. No.7/2 of situated at Junagadh was bequeathed to the petitioner by will. The entry was mutated in the revenue record to that effect based on the will of widow Prabhuichchha Prabhuprasad. Respondent No.5 being aggrieved by the said order of making entry in the revenue record, carried the matter before the Deputy Collector, Junagadh and the Deputy Collector, Junagadh by order dated 18th February, 1998 allowed the appeal and remanded the matter to the Revenue Authority City Survey Superintendent for considering afresh as if it is a successory property. The matter was further carried before the District Collector vide order dated 31st July, 1998 the District Collector dismissed the appeal. The matter was further carried before the State Government and the State Government vide order dated 8.12.2003 dismissed the revision. It is under these circumstances, the present petition before this Court.

(3.) IT appears from the impugned order passed by the State Government that the State Government was guided by the point that there was no probate obtained of the Will of Prabhuichchha Prabhuprasad and it has been further stated in the order that the Will was pertaining to the property at Mumbai and therefore, until the probate is obtained and the property in which the interest has been inherited by way of succession, without hearing to all legal heirs, the entry could not have been certified and therefore, the revision is dismissed and the order of the Deputy Collector and the District Collector are confirmed.