MANHARBHAI MULJIBHAI KAKADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition, under Article 227 of the Constitution of India, has been filed with the following prayers : -

(2.) THE brief facts of the case, as emerging from a perusal of the averments made in the petition, are that the land bearing Revenue Survey No. 65/3 of Block No. 109 of Village Bamroli, Taluka Choryasi, District Surat was originally owned by one Limbabhai Bhanabhai Patel, who expired on 10th February, 1948 The said Limbabhai Bhanabhai Patel executed a Will bequeathing the land in question to one Hirabhai Gopalbhai on 9th February, 1948. The mutation entry No. 344 was entered in the Revenue Records on 16th November, 1957, entering the name of the said Hirabhai Gopalbhai as the heir and successor of Limbabhai Bhanabhai Patel. Thereafter, Hirabhai Gopalbhai expired and the revenue entry No. 701 was mutated on 27th September, 1990, bringing on the record the wife, three sons and three daughters of deceased Hirabhai Gopalbhai, as his heirs and successors. The land in question was sold by the heirs and successors of deceased Hirabhai Gopalbhai to the present petitioners. It is stated in the petition that after a period of almost 43 years, the respondent no. 3 questioned the revenue entry No. 344 dated 16th November, 1957, a copy of which is annexed as Annexure "A" to the petition as well as the revenue entry No. 701 dated 27th September, 1990, a copy of which is annexed as Annexure "B" to the petition, by initiating RTS proceedings, by way of filing R.T.S. Application No. 61 of 2001. This application was dismissed by the Deputy Collector, Choryasi Prant, Surat vide order dated 30th October, 2002, a copy of which is annexed as Annexure "C" to the petition. The respondent no. 3 filed R.T.S. Appeal No. 75 of 2002 before the Collector, Surat against the order of the Deputy Collector, Choryasi Prant, Surat dated 30th October, 2002. The said Appeal was dismissed vide order dated 23rd/26th May, 2003, a copy of which is annexed as Annexure "D" to the petition.

(3.) THE averments made in the petition disclose that the respondent no. 3 also preferred Civil Suit No. 664/2005 before the Principal Civil Judge, Surat challenging the validity of the Will made by Limbabhai Bhanabhai Patel in favour of Hirabhai Gopalbhai. The said Civil Suit is still pending. The respondent no. 3 also preferred Revision Application before the Secretary, Revenue Department [Appeals] against the order dated 23rd/26th May, 2003 passed by the Collector. The said Revision Application was allowed and mutation entry Nos.344 and 701 were quashed and set aside.