RAVINDRABHAI CHHOTABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Jigar Raval, learned advocate waives service of rule on behalf of respondents No.7 and 8. Ms. Nisha Thakore waives service of rule on behalf of respondents No.1 to 6. Since all the learned advocates for the respective parties have argued the matter at length with the consent of the learned advocates for the respective parties, the matter is finally disposed of by this judgment.

(2.) This petition is directed against the order dated 5th December, 2012 made by the Principal Secretary, Revenue Department (Appeals) (hereinafter referred to as "the revisional authority") in Revision No.MVV/HKP/VDD/45/2008 whereby the order dated 15th May, 2008 made by the Collector, Vadodara has been quashed and set aside and Mutation Entry No.1796 in respect of land bearing Revenue Survey No.141/2 of mauje Nagarwada, taluka Vadodara has been confirmed.

(3.) Land bearing Survey No.141/2 of village Nagarwada, taluka and district Vadodara (hereinafter referred to as "the subject land") came to be purchased by the petitioner under a registered sale deed dated 31st July, 2001. In respect to disputes relating to the said land, Special Civil Suit No.1044/2001 and Regular Civil Suit No.689/2001 came to be instituted. In the said suits, more particularly, Regular Civil Suit No.689/2001, compromise terms were drawn on 20th March, 2003 and a compromise decree dated 21st March, 2003 came to be passed in terms thereof. The compromise decree, inter alia, was to the effect that the seventh and eighth respondents as well as the petitioner, who were the defendants No.3, 4 and 5 respectively in Regular Civil Suit No.689/2001 were in joint possession of the subject land and shall have development rights, whereas the ownership of the subject land was of the seventh respondent (defendant No.3 in the suit) alone.