SOLANKI SADAJI PAKHAJI Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) Heard Mr. M.H. Rathod, learned advocate for the petitioners and Mr. Patel, learned AGP for the respondents.

(2.) In present petition the petitioners have placed under challenge order dated 29.12.2001 passed by Deputy Collector, Deesa whereby the said authority rejected present petitioners' application submitted for allotment of land in pursuance of and in accordance with the policy declared by the government vide resolution dated 17.1.1990. The relief prayed for in the petition reads thus:-

(3.) So far as factual background is concerned it has emerged from the record and from the submissions by learned advocate for the petitioners and learned AGP that the petitioners' father was owner of land bearing survey no. 82 admeasuring about 14 acres 23 gunthas at Mauje Jakol and another parcel of land bearing survey no. 47 admeasuring about 16 acres. The petitioners' father died in 1984. Thereafter in April 1985 Succession Entry No. 513 came to be mutated whereby names of the heirs of said original owner (i.e. father of the petitioners) came to be entered into record. Accordingly names of Mr. Sadaji Pakhaji, son of deceased Pakhaji, Kemrajji Pakhaji, son of deceased Pakhaji, Pathaji Pakhaji, son of the deceased Pathaji, Rajaji Pakhaji, son of deceased Pakhaji, Babaji Pakhaji, son of deceased Pakhaji, Narshiji Pakhaji, son of the deceased Pakhaji and Viraben Pakhaji, widow of deceased Pakhaji were entered into record. The said entry No. 512 was certified on 2.11.1985.