RATILAL MAGANLAL INTWALA SINCE DECD Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution, the petitioners challenge the order dated 14.12.98 passed by respondent No.1, Special Secretary, Revenue Department (Appeals), State of Gujarat as well as the order dated 04.09.1996 passed by the Collector, Surat in sou motu proceedings. Facts in brief may be noted at the outset.

(2.) The petitioners as well as the respondents No.4 and 5 are relatives as uncle and nephew; they are heirs of the common ancestor. The record of the case reveals that there was a family settlement amongst the parties to the proceedings regarding the H.U.F. property.

(3.) In pursuance of the aforesaid family settlement, more particularly in execution of clause 4 at page No.7 of the aforesaid family settlement, entry No.1279 in Village Form No.6 was entered in the revenue record maintained by Talati of Village : Unn, Taluka: Choryasi, District : Surat. Thereafter, the Deputy Mamlatdar after verifying the deed of family settlement issued notice under Section 135(d) of the Bombay Land Revenue Code to all concerned and after recording the statements of all concerned certified the aforesaid entry No.1279 on 27.04.1989 and the same, was running in the revenue record, accordingly.