SHANTILAL LAXMANBHAI SAGAR Vs. MEMUNABEN ISHAKBHAI LATHA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 30 th March, 2011 passed by the Collector, Junagadh in Revision Application No.23/2009-2010, whereby the Collector has set aside mutation entry No.3593 dated 19.10.2007.

(2.) THE facts of the case stated briefly are that the petitioner along with his sons, viz., Jitendrakumar Shantilal Sagar and Vishalkumar Shantilal Sagar purchased lands bearing revenue survey No.37/1, admeasuring hectares 04-66-40 square metres and revenue survey No.36/1 paiki, admeasuring hectares 00- 32-37 square metres of village Gir Gadhada on 20.02.2007 from Memunaben Ishakbhai Latha through her power of attorney holder Najmaben, daughter of Haji Noor Mohamedbhai (wife of Yakubbhai Abdulbhai) for valuable consideration of Rs.4,95,000/-. The said sale deed came to be registered vide No.379 dated 20.02.2007.

(3.) IT appears that pursuant to a report published in the local daily newspapers Divya Bhaskar, to the effect that there was unauthorized and illegal sale of railways' property, the Mamlatdar, Una submitted a report with necessary papers to the Deputy Collector, Veraval, who vide communication dated 10.11.2009 submitted a detailed report to the Collector, Junagadh. Based on such report, the Collector took Mutation Entry No.3593 in suo motu revision under rule 108(6) of the Gujarat Land Revenue Rules, 1972 (hereinafter referred to as "the Rules"). The Collector, after taking into consideration various reports submitted by the Mamlatdar, Deputy Collector etc. and hearing the parties, set aside Mutation Entry No.3593. Being aggrieved, the petitioner has filed the present petition.