DAMOR CHATRABHAI GAJABHAI Vs. SHOMLIBEN BHATUBHAI DAMOR

JUDGEMENT

(1.) THE present Special Civil Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner herein to quash and set aside the impugned order dated 03.04/05.2001 passed by the revisional authority - learned Jt. Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.3 of 2000 by which, the learned revisional authority has allowed the said revision application preferred by the respondent Nos.1 to 3 herein and has set aside the order dated 10.02.1986 passed by the Deputy Collector, Dahod and order dated 08.02.2000 passed by the Collector, Dahod.

(2.) THE facts leading to this Special Civil Application in nutshell are as under:-

(3.) IT is further submitted that even otherwise, the revisional authority while deciding the R.T.S. proceedings and that too in revision application under Rule 108(6) of the Bombay Land Revenue Rules, could not have and ought not to have set aside the mutation entry on the ground that by the said entry, there will be a breach of any other law, more particularly, there will be a breach of either Bombay Tenancy Act or the Bombay Land Revenue Code (Section 73AA of the Bombay Land Revenue Code).