CHHIMIBEN HIRABHAI GOPALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case is that entry No. 344 was mutated in the revenue record on 16.11.1957 for recording the name of one Hirabhai Gopalbhai on the basis of the Will of Limbabhai Bhanabhai Patel dated 09.02.1948 for the land situated at village Bamroli bearing Survey No. 65/3. It appears that thereafter, on 27.09.1990, entry No. 701 was mutated for entering the names of the legal heirs of the deceased Hirabhai Gopalbhai. An application was made by the respondent No. 5 to the Deputy Collector and the matter was taken in revision. The Deputy Collector dismissed the proceedings by relegating the parties to approach before the Civil Court for getting appropriate relief. The matter was carried before the District Collector and the District Collector confirmed the order passed by the Deputy Collector and dismissed the appeal. It appears that the respondent No. 5 herein has preferred the revision before the State Government and the State Government found that the entry was mutated without probate and the procedure was not followed and therefore the action of entering the mutation is nullity and ultimately, the revision was allowed and the entry No. 344 and the subsequent entry thereafter were set aside. It is under these circumstances, the petitioners have approached to this Court by preferring the present petition.

(2.) Heard Mr. Sanjanwala, learned counsel appearing for the petitioners and Mr. Mengdey, learned AGP for the State Authorities and Mr. Desai for respondent No. 5 herein.

(3.) Upon hearing the learned counsel appearing for the parties, it appears that there is no dispute on the point that after a period of about more than 45 years, the grievance came to be raised for the entry which was mutated in the year 1957. The Deputy Collector as well as the District Collector, found that there is sufficient delay and if the party is aggrieved, he/she should approach to the Civil Court for getting proper relief. There is also no dispute on the point that thereafter, the Regular Civil Suit No. 664 of 2005 is preferred by respondent No.5 in the Court of Civil Judge, Surat and the said suit is pending. There is also no dispute on the point that in the said Suit various contentions are raised including that of legality and validity of the Will. Inspite of the above position, the State Government in exercise of the reivisional powers has given a declaration that the entry is a nullity and the State Government has also directed for cancellation of the subsequent entry ,than Entry Nos. 344 & 701, which was not even the subject matter of the proceedings before the lower authority viz. the Deputy Collector and the District Collector.