RATANBEN PRABHUBEN KALA Vs. SECRETARY (VIVAD)

JUDGEMENT

(1.) RULE . Mr.Chhaya, learned AGP waives service of notice of Rule for respondents No.1, 2 and 3 and Mr.Chetan B. Pandya, waives service of notice of Rule for respondent No.4.

(2.) THE petitioner has preferred the petition for challenging the order passed by the State Government dated 25.9.2006 and the petitioner has further prayed that it may be declared that the petitioner is the absolute owner of land bearing Survey Nos.67, 116, 157 situated at Village Vadva and Survey No.127 situated at Village Vesedada and also house bearing No.119 with open plot situated at Village Vadva in view of the settlement arrived at between the petitioner and respondent No.4.

(3.) UPON hearing Ms.Makwana for Mr.Ramanandan Singh, learned Counsel for the petitioner, Mr.Chhaya, learned AGP for the respondent authorities and Mr.Pandya, learned Counsel for the private respondent, it appears that the entry based on the "will" was mutated and the said entry was also certified. Against the said entry, appeal came to be preferred by respondent No.4 before the Assistant Collector and the Assistant Collector, vide order dated 1.5.1999 allowed the appeal and quashed the entry No.1397 dated 19.8.1996 and directed to add the name of legal heirs and for "will" it was observed that probate may be obtained from the Civil Court. The matter was carried in revision before the District Collector by the petitioner herein and the District Collector ultimately passed the order on 22.12.1999, whereby the revision was dismissed. The petitioner further carried the matter in revision before the State Government and the said revision was also dismissed by the impugned order.