LAWS(GJH)-2018-1-20

HEIRS OF DECD. PUSHABEN DAHYABHAI AND DECD. DAHYABHAI VIJAYBHAI PATEL Vs. KAMLABEN, WD/O PUNAMBHAI ALIAS MELABHAI AMBALAL PATEL

Decided On January 09, 2018
Heirs Of Decd. Pushaben Dahyabhai And Decd. Dahyabhai Vijaybhai Patel Appellant
V/S
Kamlaben, Wd/O Punambhai Alias Melabhai Ambalal Patel Respondents

JUDGEMENT

(1.) Both the draft amendments are granted. To be carried out forthwith.

(2.) Heard Ms. Varsha Brahmbhatt, learned advocate for Ms. Pooja H. Bhardwaj, learned advocate for the petitioner and Mr. Rutvij Oza, learned AGP for the respondents no.7 to 10.

(3.) Having heard the learned advocates appearing for the respective parties and on perusal of the record, it appears that an entry no.903 came to be mutated on 4.2.2000, whereby Dahyabhai Jivabhai Patel relinquished his right. Record indicates that the said entry was never objected by Dahyabhai Jivabhai Patel during his lifetime and the same was not objected till 2005. Thereafter, after a delay of about 5 years, an appeal came to be filed under Rule 108(5) of the Gujarat Land Revenue Rules, 1972 before the Deputy Collector, Petlad which was registered as Appeal no.59 of 2005 which came to be rejected. Even after rejection of the said appeal, another appeal came to be filed by the petitioner, which culminated into order of rejection dated 24.8.2007. The said order was challenged before the District Collector, Anand under Rule 108(6) of the Rules which culminated into order dated 23.12.2009 and both the impugned orders were challenged by way of a further revision under Rule 108(6A) of the Rules which came to be dismissed vide impugned order dated 25.4.2017.