DAYALBHAI FAKIRBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 226, 227 of the Constitution of India the petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 29.12.1994 (AnnexureC) by the Collector, Valsad in RTS Review Case No.256/1993 canceling the mutation entry No.1318 dated 12.03.1982 in exercise of powers under Rule 108(6) of the Bombay Land Revenue Rules as well as the order passed by the Revisional Authority i.e. Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.68/1995 dismissing the said Revision Application and confirming the order passed by the Collector, Valsad canceling the mutation entry No.1318.

(2.) FACTS leading to the present Special Civil Application in nutshell are as under:

(3.) MS . Nisha Thakor, learned AGP has tried to support the impugned orders by submitting that as such there was no basis on the basis of which mutation entry No.1318 was made and the said entry was made only on the basis of the possession of the petitioner and therefore, as such no illegality has been committed by the Collector in quashing and setting aside the mutation entry No.1318 by observing that it will be open for either parties to approach the Civil Court. It is submitted that the order passed by the Collector is rightly confirmed by the Revisional Authority more particularly when the third party rights have been created i.e. the petitioners have purchased the lands in question by registered sale deed and the names of the petitioners are mutated in the revenue record by mutation entry No.1318 and the equities have changed and therefore, the impugned order cannot be sustained. Making above submissions it is requested to dismiss the present Special Civil Application.