GANESHBHAI MANILAL MAYAVANSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the notice for final disposal was issued, the matter is finally heard today.

(2.) The short facts of the case are that the petitioner has purchased the property by registered sale deed, dated 25.11.1980 vide Registration No.572 and the description of the property is the land admeasuring 0 acres 5 gunthas bearing No.10. It appears that when the entry was mutated in the revenue record on the basis of registered sale deed, the objections were filed by respondent Nos 4 to 15 on the ground that they are the coparceners of the property. The objections were rejected by the Mamalatdar as per order, dated 20.11.1995. It appears that the matter was carried before the Dy.Collector in appeal and ultimately as per order, dated 10.5.96 the said appeal came to be dismissed. The private respondents carried the matter before the Collector and the Collector as per his order dated 15.12.98 allowed the revision on the ground that by the registered sale deed dated 25.11.1980 the transfer of the land admeasuring 5 Gunthas was a fragmentation of the land in question. It also appears that the matter was carried before the State Govt in the revision application by the petitioner herein and ultimately the said revision is dismissed and it is under these circumstances the petitioner has approached this court.

(3.) Upon hearing Mr.Bhatt for the petitioner, Mr.Mengdey, Ld.AGP for the State authorities and Mr.Chhaya for the private respondents, it appears that the issues arise for the consideration of this court are covered by the decision of this court, dated 28.9.2004 in the case of Jayantilal Jethalal Soni vs State of Gujarat (Special Civil Application No.12547/04). In the said decision at paras 7,8 and 9 it was observed as under: