JASHBHAI BHAILALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel Mr.A.J.Patel, assisted by Mr.Jayesh M.Patel, learned advocate for the petitioners, Ms.Trusha Mehta, learned AGP for respondents No.1 and 2 being State authorities and Mr.H.M.Parikh learned advocate for respondent No.3.

(2.) THE petition was admitted on 2.7.2004 with an order to maintain status-quo as on that day by all the parties. An unhealthy litigation has been dragged till date right from 17.12.1992 between real brothers mainly for selecting particular survey number of agricultural land, which has practically reached their hands only as successors of their deceased father.

(3.) ON 5.2.1992 by an Entry No.1337, which was approved by the Competent Authority on 20.5.1992, Talati-Mantri of Darapara, endorsed in Record of Right in Form No.6 about the death and Will of Bhailalbhai Kalidasbhai Patel and respective S.Nos. were endorsed against the name of present petitioners as well as respondent No.3. Thereby Survey Nos. 421 and 461 were shown in the name of respondent no. 3 , whereas Survey Nos.453 and 454 were wshown in the name of present petitioners. While certifying such entry, the Competent Authority has recorded that, entry is confirmed after verification of true copy of Will, Pedigree and after issuing notice to all concerned and after confirming that there is no dispute by any one of them. While confirming such entry, the Revenue Authorities have called upon the original respondent No.3 ­ Maganbhai Bhailalbhai Patel, and Talati-Mantri of Darapura of Padra Taluka had recorded the statement of original respondent No.3 Maganbhai Bhailalbhai Patel. Certified copy of such statement is on record. Since such copy was only self certified typed copy, photocopy of original statement was called upon from the litigants and in turn the certified copy of such statement is produced on record which confirms that Talati-Mantri has issued handwritten certified copy on 28.1.1993 and photocopy of original statement as certified copy on 20.11.2012. On perusal of such statement, which is signed by respondent No.3, namely, Maganbhai Bhailalbhai and endorsed by Talati-Mantri of Darapura, it becomes certain and clear that said Maganbhai Bhailalbhai had in categorical terms admitted, confirmed and disclosed that land of Darapura Sim being Revenue Block Nos.419 and 465 are in his possession; whereas land of Block No.450 are in possession of his brothers Jashbhai and Manharbhai i.e. present petitioners. Therefore, such entry was approved by the Competent Authority on 20.5.1992.