DURLABHJIBHAI LALJIBHAI RANGPARIYA Vs. SPECIAL SECRETARY, REVENUE DEPARTMENT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) It is the case of the petitioner that he is owner of the land bearing Survey No.48/P/1 in Village Palas, Taluka- Vankaner, District - Morbi. It is the case of the petitioner that the said land was purchased by him by way of registered sale- deed dtd. 26/6/2000 and accordingly, the Mutation Entry No.786 came to be mutated on 29/6/2000 in the revenue records. It is further the case that the legal heirs of the original owner challenged the aforesaid mutation entry after a period of more than 20 years. The respondent had filed delay condonation application before the learned Deputy Collector and without considering the reply of the petitioner, the delay of more than 20 years is condoned and the mutation entry in favour of the petitioner is cancelled.

(3.) Learned counsel for the petitioner submits that though the Revision Application has been filed before the learned SSRD in June, 2022, the same has not been taken up for hearing. The petitioner had also preferred stay application since the mutation entry in his favour has been cancelled and the names of the legal heirs of the original owner have been entered in the revenue records despite there being a registered sale-deed. He submits that after a period of six months, when the said Revision Application did not come up for hearing before the learned SSRD, the petitioner moved an appropriate application for early hearing of the stay application in December, 2022. By Communication dtd. 20/12/2022, the office of the learned SSRD informed that due to pendency of Revision Applications filed earlier, the early hearing application shall be taken up in seriatim only. Aggrieved, the petitioner has filed the present Special Civil Application on 27/2/2023.