SHAMUBEN NARANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two Writ Applications have been filed by Ujiben - widow of Naranbhai and her daughter, Shamuben daughter of Naranbhai, challenging the correctness, validity and propriety of the order dated 14th August, 1998 passed by the Additional Chief Secretary in Appeal No. SRD/HKP -Bhavan/11/97, setting aside the Collector's order dated 25th May, 1997 and the Deputy Collector's order dated 23rd February, 1994.

(2.) THE parties submit that after the death of the original holder, Naranbhai Ukadbhai, the name of his widow - Ujiben, under revenue Entry No.385, was mutated. Yet another Entry No.387 was made on 30th October, 1968 on the alleged/forged application said to have been made by Ujiben for mutating the names of Devalben (sister of deceased Naranbhai) and Bai Shamuben (daughter of Ujiben and deceased Naranbhai). According to Ujiben, a notice under Section 135 -D of the Bombay Land Revenue Code, 1879 ("the Code" for short) was not issued to her even before making Entry No.387.

(3.) UJIBEN filed an appeal on 14th September, 1994 against making of the said entry; the said appeal was allowed on 23rd December, 1994 by the Deputy Collector after condoning the delay. He directed that Entry No.387 be deleted. The appeal filed by Devalben (sister in law of Ujiben) was dismissed by the Collector on 25th May, 1997 observing that the name of Ujiben was in the records since 1951 -52, Entry No.387 was made and certified without following the procedure, as provided under Section 135 -D of the Code, and that Devalben, sister of Ukadbhai, so also Shamuben, daughter of the deceased Naranbhai, would not succeed to the properties of the deceased, who is said to have died somewhere in the year 1941 -42. The said Devalben took up the matter in Revision Application No.11 of 1997. The Additional Chief Secretary, vide his order dated 14th August, 1998, allowed the Revision Application and set aside both the orders of the Collector and the Deputy Collector on the ground of jurisdiction, so also, on merits.