HEIRS OF DHULAJI CHATURJI THAKOR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE short question that arises for consideration in this appeal is whether where the petitioner seeks permission to withdraw the writ petition to enable him to file review petition and the Court permits such withdrawal, whether second writ petition filed by him challenging the order passed in review as well as the other orders which were challenged in earlier petition is maintainable ?

(2.) THE brief facts of the case are that by order No.L&N/I - 336, one Chaturji Savaji was granted 3 Acres 0 Gunthas of land bearing Survey No.2 having Akar 10 -1 -0 payment of a patta amount fixed by the Prant Officer of Viramgam. Pursuant to this order, Revenue Entry No.3171 was mutated on 15.4.1952. The said entry was verified and certified on 27.5.1952. It is further stated that without there being any further detail, the record shows that Prant Officer of Viramgam passed order bearing No.LND(D)/SR -744/66 by which the land was declared as Khalsa land on the ground of some breach of conditions. Revenue entry to this effect was mutated bearing No.3907 on 20th July, 1960.

(3.) FROM the above order, it is clear that the Court permitted the appellants to withdraw the writ petition to enable them to file a review application, but made it clear that the Court is not expressing any opinion as to whether the review application was maintainable or not which was required to be considered by the Revisional Authority in accordance with law.