KASHIRAM DEVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the orders passed by Assistant Collector, Bharuch dated 12. 1. 2000 passed in Appeal No. 54 of 1999 along with the order passed by the Collector, Bharuch dated 20. 2. 2001 passed in Revision Application No. 7 of 2000 as well as judgment and order passed by the Revisional Authority i. e. learned Joint Secretary, Revenue Department, State of Gujarat dated 12. 12. 2005.

(2.) IT is not in dispute that the dispute is with respect to entry No. 858 in favour of the petitioner. It is not in dispute that subsequently the petitioner preferred the Special Civil Suit No. 265 of 2000 / Regular Civil Suit No. 8 of 2007 in the Court of learned Principal Senior Civil Judge, Jhagadia for a declaration and permanent injunction and claiming one half share in the disputed land in question and vide judgment and decree dated 11. 7. 2008 learned Principal Senior Civil Judge, Jhagadia dismissed the said suit. It is reported that against the judgment and decree passed by the Trial Court, the petitioner has preferred the Regular Civil Appeal No. 59 of 2008 pending before the District Court, Bharuch.

(3.) IT is not disputed by learned advocate appearing on behalf of the respective parties and there cannot be any dispute that entry does not confer any right, title and interest in favour of the persons whose names are mutated in the revenue record. Learned advocates appearing on behalf of the respective parties have jointly submitted that in the revenue record, if additional entry is directed to made with respect to the dismissal of Special Civil Suit No. 265 of 2000 / Regular Civil Suit No. 8 of 2007 by the learned Principal Senior Civil Judge, Jhagadia as well as the pendency of the Regular Civil Appeal No. 59 of 2008, before the District Court, Bharuch, the respective parties shall be satisfied and that parties to govern by decision that may be taken by the Civil Court / Appellate Court.