THAKOR GHABHAJI BABUJI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) It is submitted by learned advocate for the petitioners that by mutation entry No.3944 dtd. 5/10/2012 by way of other rights, an entry came to be mutated in the revenue records for right of way in favour of the petitioner No.1. The said entry came to be challenged by the respondent No.6 herein before the Dy. Collector, Patan who by order dtd. 28/1/2015 was pleased to set aside the said entry for the reasons stated therein. The said order dtd. 28/1/2015 came to be challenged before the Collector, Patan in RTS Revision Application No.73 of 2015 who by order dtd. 21/1/2016 was pleased to dismiss the revision application.

(3.) Learned advocate for the respondent No.6 admits that the land in question has been sold as stated hereinabove and today the petitioner Nos.2 to 4 are the owners of the said land; the petitioners Nos.2 to 4 have also filed an affidavit (Annexure-N) stating that they have no objection against the entry No.3944 dtd. 5/10/2012 which has been set aside by the Dy. Collector, Patan and confirmed by the Collector, Patan as well as by the learned SSRD, Ahmedabad in the revenue proceedings giving right of way to the petitioner No.1 through their land. Learned advocate for the respondent No.6 submits that the objection raised by the Dy. Collector, Patan at the relevant point of time for cancellation of the entry No.3944 dtd. 5/10/2012 was with respect to the respondent Nos.7 and 8 having no right to execute such a document giving right of way to the petitioner No.1 herein. He submits that after selling away of the land, the said objection does not survive. He, therefore, submits that if the petitioners have resolved the issue between themselves, he has no sustainable objection in the present case.