REVABHAI HIRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CONSIDERING the submissions made by the parties, the petition is taken up for final hearing and disposal today. Rule. Learned Assistant Government Pleader is directed to waive service for respondent Nos. 1 to 4 and Mr. B. G. Patel, learned Advocate appearing for Mr. Trilok Patel waives service for respondent No. 5.

(2.) THERE was a dispute between the parties in relation to land bearing survey Nos. 4, 32, 51, 25, 46 and 57, which had been entered in the names of the petitioners herein as per partition on 22. 08. 1996. It appears that the Deputy Collector on the basis of an application made by respondent No. 5 made an order cancelling Entry No. 193 dated 22. 08. 1996, and also directed entering names of respondent No. 5 and his mother Ambaben Patel in the record relating to disputed lands. The matter was carried before Collector, Dahod, who partly allowed the Revision Application. While confirming the order of Deputy Collector to cancel Entry No. 193, he cancelled the other part of the order made by the Deputy Collector to delete names of respondent No. 5 in the record with a direction that after an appropriate order/decree from Civil Court is obtained declaring respondent No. 5 and his mother to be heirs of Devabhai Hirabhai Patel the names shall be entered.

(3.) THE matter was carried in Revision Application by respondent No. 5 and his mother. Before the Revision Application could be decided the parties had arrived at consent terms and decree has been drawn up in Regular Civil Suit No. 26 of 1999 on 4. 5. 2002 as per the consent terms. It is an accepted position between the parties that land bearing block Nos. 25 and 46 shall be held by respondent No. 5, while rest of the lands shall belong to the petitioners.