RAMANLAL MAGALDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Jaswant K. Shah, learned Assistant Government Pleader, waives service of Rule for respondent Nos.1,2 & 7, Mr. S.P. Majmudar, learned advocate, waives service of Rule for respondent Nos.3/1 to 3/5 and Mr. P.M. Bhatt, learned advocate, waives service of Rule for respondent Nos.4,5 and 6.

(2.) Heard the learned advocates for the respective parties. Few facts giving rise to the present litigation are as under:

(3.) It is stated that one Maganbhai Desalbhai Vaghari i.e. predecessor of respondent Nos.3/1 to 3/5, filed RTS proceedings before the Prant Officer, Gandhinagar being RTS HR/28/29/82, and challenged Entry No.217 which was in favour of the predecessor of respondent Nos.4 to 6 pertaining to Survey Nos.152,153 and 155, on the basis of oral sale and subsequent succession Entry No.1311 with respect to said Survey Nos. 152, 153 and 155 only. It appears that Prant Officer by his order dated 09.03.1984 came to the conclusion that Entry 217 was based on oral sale and consequently said Entry No.217 with respect to Survey Nos. 152, 153 and 155 was cancelled, and similarly the consequent succession Entry No.1311 with respect to said Survey numbers also stood cancelled. The said order of the Prant Officer was confirmed upto this Court in Special Civil Application No.8891 of 1999.