NILESHKUMAR SAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Asim J. Pandya, learned advocate for Mr. Jayesh C. Patel, learned advocate for the petitioner.

(2.) It is submitted that the land in question was originally a new tenure land in the hands of the original owner, who was an agriculturist. By an order dated 06.04.2012, the land was converted from new tenure to old tenure. Thereafter, the original owner executed a registered Sale Deed in respect of the land in favour of the petitioner, on 11.04.2012. Entry No. 3784 with regard to the registered Sale Deed of the petitioner was mutated in the Revenue record and was certified on 25.09.2012. It is submitted that when the petitioner purchased the land in question, it was of old tenure and there was absolutely no impediment in executing the said Sale Deed.

(3.) Learned counsel for the petitioner further submits that when the entry in favour of the petitioner was made in the revenue record, respondent No. 5 raised an objection, on the ground that the original owner of the land had sold it to him on 26.10.2007, when the land was still of new tenure. The objection raised by respondent No. 5 was rejected by the Mamlatdar. The Pencil Entry in favour of respondent No. 5, being Entry No. 3172 dated 27.03.2008, came to be cancelled by the Circle Officer on 12.05.2008.