LAWS(GJH)-2018-8-332

RAJESH VITTHALBHAI PATEL Vs. SPECIAL SECRETARY(APPEALS)

Decided On August 23, 2018
Rajesh Vitthalbhai Patel Appellant
V/S
Special Secretary(Appeals) Respondents

JUDGEMENT

(1.) Present petition is filed by the petitioner under Articles 14, 21, 226 and 300A of the Constitution of India as well as under the provisions of the Gujarat Land Revenue Code, 1879, for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued for quashing and setting aside the order passed in Revision Application No.MVV/HKP/ANAND/133/2014 by respondent No.1-Secretary (Appeals), Revenue Department, State of Gujarat, dated 19.07.2016 at Annexure-A and also the order passed in Revision Application No. Jaman/1/RTS/Su./Revi./14/1996/Vashi/5381 by respondent No.2-Collector, Anand dated 21.03.2014 on the ground stated in the memo of petition.

(2.) The facts of the case briefly summarized are as follows: 2. 1. The original owner of the land sold the land in question in the year 1991 to respondent Nos.3 and 4. Therefore, the entry no.2586 was certified on 18.09.1992. Thereafter respondent Nos.3 and 4 conveyed by registered sale deed dated 16.03.2016 in favour of the petitioner for which the entry no.3684 has been made dated 16.12.2006. However, suo-motu proceedings came to be initiated on 21.01.2014 on the ground that transaction had taken place in 1991 was illegal as one of the persons was not agriculturist and therefore, the said entry and all subsequent entries are sought to be cancelled which led to filing of this present petition challenging the order passed by the authorities below.

(3.) Heard learned counsel Shri Hriday Buch for the petitioner, learned AGP Shri Manan Mehta for respondent No.1 and learned advocate Shri Hiren Modi for respondent No.3.