KANABHAI KARSHANBHAI BABARIA Vs. SECRETARY

JUDGEMENT

(1.) Heard learned advocate Mr.D.C. Sejpal for the petitioner, learned Assistant Government Pleader Mr.Manan Mehta for the State and its authorities, as well as learned advocate Mr.Dharmesh Nanavati for private respondent No.6.

(2.) This petition is directed against order dated 28th April, 2014 of the Additional Secretary, Revenue Department (Appeals), whereby Revision Application No.99 of 2013 of private respondent No.6 herein came to be allowed and order of Collector, Amreli, dated 29th October, 2013 was set aside.

(3.) Land bearing revenue Survey No.106/1 Paiki situated at Zampoder, Taluka Rajula, was held by one Ghudabhai Vastabhai Chauhan. It was the land given in santhani out of government waste land and was attached with conditions of new tenure land. Mamlatdar, Rajula, by passing order dated 26th March, 2002 converted the same into old tenure land, whereafter said Ghudabhai sold the land by registered sale deed dated 10th April, 2002 to the petitioner - Kanabhai Karshanbhai Babaria. In respect of this registered sale transaction, Mutation Entry No.1275 was made on 20th February, 2010, however Circle Officer, Rajula, cancelled the said Entry. Therefore private respondent - Ghudabhai Chauhan entered name of his daughter - Harshaben Ghudabhai Chauhan respondent No.6 herein by getting Entry No.1328 inserted in the revenue record.