BALVANTRAI AMBARAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Assistant Government Pleader Mr.Rahul Dave waives service of notice of Rule. In the facts and circumstances of the case and with request and consent of both the learned advocates, the petition is taken up for final consideration making Rule returnable forthwith.

(2.) BY filing this petition under Article 226 of the Constitution, the petitioner has prayed to set aside order dated 04.02.2014 at Annexure -A, of the Mamlatdar. Thereby the said authority has refused to enter the name of the petitioner in the revenue records. It is further prayed to issue direction to respondent No.3 -Mamlatdar to enter petitioner's name in the revenue records in respect of land bearing Block No.660, situated at Village Nandroi, Taluka - Olpad, District -Surat on the basis of the registered sale deed dated 06.01.2006. By virtue of the said sale deed, the petitioner purchased the land in question and claimed mutation of his name as an owner thereof.

(3.) HIGHLIGHTING the facts pleaded in the petition, learned advocate Mr.Asim Pandya with Ms.Renisha R. Vyas submitted that the subject matter land came to be purchased by the petitioner by a registered sale deed from one Durlabhbhai Kikabhai and one Dayalbhai Kikabhai. It was their self -acquired property. Petitioner obtained certificate from the competent authority about his agriculturist status on 31.05.2007. As it was noticed that the land was encumbered, the encumbrance was removed. The discharge of encumbrance entry was certified on 27.08.2007. On 18.09.2007 the petitioner applied for posting of the mutation entry on the basis of the sale deed under which he has purchased the land, but his application was returned. In the impugned order at Annexure -A, Mamlatdar required that the petitioner needed to obtain consent letters before his name as an owner of the land on the basis of registered sale deed could be mutated. The aggrieved and dissatisfied petitioner accordingly filed this writ petition.