SIPAI GEDALMIYA ALLADIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners are challenging the legality and validity of the order dtd. 28/3/2017 passed by the learned Special Secretary, Revenue Department (Appeals) in Revision Application No.HKP/MSN/54/2016.

(2.) With the consent of the parties, the matter is taken up for final disposal today itself. Hence, Rule. Ms. Nirali Sarda, learned Assistant Government Pleader waives service of rule on behalf of respondent Nos.1 to 4 and learned advocate Mr. Jay R. Shah waives service of rule on behalf of respondent Nos.5.1 to 5.3.

(3.) It is the case of the petitioners that land bearing Block No.489/2 admeasuring 00 - 36 - 42 Hectare - RA - Sq. Mts. situated at Mouje Ladol, Tal. Vijapur was originally owned by Bai Hira Mulshankar. The father of the petitioners late Gedalmiya Alladin was the tenant in respect of the disputed land in question on tillers day. Since the owner of the land was a widow, as per Sec. 32 F of the Tenancy Act, sale in favour of the father of the petitioner was postponed and entry to that effect was mutated vide Entry No.5186 in the revenue record.