MAULIKBHAI KIRITBHAI SHAH Vs. COLLECTOR

JUDGEMENT

(1.) The present petition was originally filed by the petitioner Maulikbhai Kiritbhai Shah challenging the order dated 7-8.09.2000 passed by the Deputy Secretary (Appeals), Revenue Department, Government of Gujarat (hereinafter referred to as 'the S.S.R.D.'), in Revision Application No. 08 of 1998 filed by the said petitioner challenging the order dated 22.05.1997 passed by the respondent No. 1 Collector.

(2.) As per the case of the said petitioner Maulikbhai, the land bearing Survey No. 157 (Old Revenue Survey No. 126/2) admeasuring 8094 sq. mtrs. situated at Adalaj, Taluka and District Gandhinagar, originally belonged to one Ratilal Nathabhai, Kanubhai Nathabhai and Jasubhai Nathabhai (respondent No. 5) herein. Subsequently, the said Ratilal and Kanubhai having released their right over the said land in favour of the respondent No. 5 Jasubhai Nathabhai, an entry being No. 7126 was mutated in the revenue record on 23.12.1985. According to the said petitioner, the said land was an old tenure land and by mistake the word "new tenure" was mentioned in the revenue record somewhere in 1948-49. Therefore, the said entry was sought to be corrected by the Talati-cum-Mantri vide the entry No. 8548 on 05.09.1995 stating inter alia that the entry in the village Form No. 6 treating the said land as new tenure was required to be deleted.

(3.) It appears that the said petitioner Maulikbhai filed an additional affidavit in the present petition on 29.02.2012 stating inter alia that he had already sold out the land in question to one Jayantibhai Mahadevbhai Jakasania by executing registered sale deed on 10.04.1997 and the said subsequent purchaser was the owner and in possession of the land in question. It appears that the said Jayantibhai Mahadevbhai had also moved a Civil Application being No. 2303 of 2012 seeking his impleadment as the petitioner No. 2. The said application was resisted by the learned advocate Mr. Viral Shah appearing for the respondent No. 5 contending inter alia that the original petitioner Maulikbhai had suppressed the material facts from the Court that on the date of filing of the petition that he was not the owner, as he had already sold out the land in question to said Jayantibhai. However, the Court keeping the said contention raised by Mr. Shah open, permitted the said Jayantibhai to be impleaded as party petitioner No. 2 in the petition. It appears that the original respondent No. 5 Jasubhai Nathabhai also expired during the pendency of the petition, and therefore, his heirs were permitted to be brought on record.