HEENABEN SANJAYBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.Anshin Desai with learned advocate Mr.Bhaumik Dholariya for the petitioner, learned Assistant Government Pleader Mr.Manan Mehta for the respondent - State, whereas learned senior advocate Mr.Rasesh Sanjanwala with learned advocate Mr.Hitesh Patel and learned advocate Mr.Vimal Patel for private respondent Nos.10 to 13.

(2.) The petitioners herein, who are the revisionist before the Special Secretary (Appeals), Revenue Department - the revisional authority in Revision Application No.119 of 2017, have filed this petition praying to set aside order dated 29th December, 2017/02nd January, 2018 passed by respondent No.1 - revisional authority and has prayed further to allow their stay application filed in the said proceedings.

(3.) The subject matter land revenue survey No.49/2 at Village Ved, Taluka Katargam, Surat, admeasuring 01 Hector-83 Are-12 Sq. Mtrs. was a restricted tenure land subjected to the restrictions of Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948. The land originally belong to one Jethabhai Vallabhbhai who died on 08th October, 1995, leaving behind him four daughters named Mangiben, Kamuben, Chandanben - all three deceased - and Somiben. Respondent No.7 - Hasmukhbhai and respondent No.9 - Jamnabhai happens to be the son of the deceased Chandanben who had also two daughters named Ushaben - petitioner No.3 herein and deceased Pushpaben. Pushpaben had died on 24th May, 1000. petitioner No.1 - Hinaben and petitioner No.2 - Jaynaben are the daughters of deceased Pushpaben.