SHAKRAJI VENAJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 226, 227 of the Constitution of India, petitioners have prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 14.07.1998 passed in RTS Revision Application No.100/1995 by which the Collector, Kheda in exercise of powers under Rule 108(6) of the Gujarat Land Revenue Rules, 1972 allowing the said Revision Application and quashing and setting aside the order dated 27.11.1995 passed by the Prant Officer, Nadiad in RTS Case No.19/1980 as well as the impugned order dated 15.07.2004 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.66 of 1998 dismissing the said Revision Application and confirming the order dated 14.07.1998 passed by the Collector, Kheda.

(2.) FACTS leading to the present petition in nutshell are as follows:

(3.) IN view of the above and for the reasons stated above, present Special Civil Application succeeds. Impugned order dated 14.07.1998 passed by the Collector, Kheda in RTS Revision Application No.100/1995 is quashed and set aside and the order dated 27.11.1995 passed by the Prant Officer, Nadiad in RTS Appeal No.47/1995 is hereby restored. However, it is observed that in case respondent No.4 succeeds in Appeal against the judgment and decree passed by the learned trial Court dismissing the suit, necessary entry be made in the revenue record on the basis of the decision of the Appellate Court. Rule is made absolute to the aforesaid extent. In the facts and circumstances of the case, no order as to costs.