BHARATBHAI DALSUKHBHAI VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate for the petitioner has tendered draft amendment. The amendment is allowed in terms of the draft. The same shall be carried out forthwith.

(2.) BY this petition, the petitioner seeks the following reliefs:

(3.) MR . Satish Pandya, learned advocate for the petitioner, invited the attention of the court to the will dated 26.10.1979 executed by deceased Bapubhai Devrajbhai Vaghari whereby he has bequeathed all his properties to the petitioner as well as to the death certificate, which reveals that Bapubhai Devrajbhai expired on 13.3.1997. It was submitted that in view of the fact that the petitioner's uncle Bapubhai Devrajbhai Vaghari had executed the above will in favour of the petitioner, it was incumbent upon the revenue authorities to make corresponding mutation entries in the record of rights by entering the name of the petitioner in respect of the subject lands. In support of his submissions, the learned advocate placed reliance upon the decision of the Supreme Court in the case of Suraj Bhan & Ors. v. Financial Commissioner & Ors., (2007) 6 SCC 186, wherein on the basis of an application made by the respondent No.5 therein, his name had been entered in the record of rights on the basis of a will executed by one Ratni Devi. The court was of the opinion that no illegality had been committed by the Tahsildar in entering the name of the respondent No.5 in the revenue record. Adverting to the facts of the present case, Mr. Pandya, submitted that once there is a valid document in favour of the petitioner, it is incumbent upon the revenue authorities to act upon the same and enter the name of the petitioner in the record of rights. It was, however, submitted that part of the subject lands have been acquired by the Gujarat Industrial Development Corporation and compensation has been paid to deceased Bapubhai and his two wives Amthiben and Purviben. However, in respect of lands bearing Survey No. 406 and 411, compensation has not been paid to deceased Bapubhai Devrajbhia and his wives. Under the circumstances, the respondent authorities are required to be directed to pay compensation in respect of lands bearing Survey No.406 and 411 to the petitioner or to return the said lands to the petitioner. Attention was also invited to the copies of the revenue record annexed along with the petition to point out that the name of Bapubhai was in fact running in the record of rights.