PRAFULABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Articles 14, 19 (1)(g), 21 and 226 of the Constitution of India, the petitioners have challenged the order dated 25.3.2019 passed by the Additional Secretary, Revenue Department (Appeals) in Revision Application No.132 of 2017 filed under Rule 108 (6) (a) of the Gujarat Land Revenue Rules, 1972 (hereinafter referred to as 'Rules'). By the said order, the SSRD has allowed the revision application filed by the private respondents and quashed and set aside the order dated 30.12.2014 passed by the Deputy Collector, Mandvi in RTS Appeal No.112 of 2014 as well as the order dated 18.10.2017 passed by the District Collector, Surat in Revision Application No.43 of 2015 who had entertained the application submitted by the petitioner for condoning the delay of 34 years in challenging the entry mutated in favour of the private respondents on 12.6.1980. The SSRD has allowed the revision application mainly on the ground that the authorities below i.e. Deputy Collector as well as Collector ought not to have condoned the delay of 34 years in challenging the said entry.

(2.) The short facts arise from the record are as under :-

(3.) The present petitioners and private respondents are legal heirs of Mohansinh Parmar. The land in dispute i.e. Block No.75 of village Vareth, Tal. Mandvi, Dist. Surat was jointly owned by four different persons including Mohansinh Bhagwansinh. The said Mohansinh Bhagwansinh expired on 20.2.1980. Upon his death, Entry No.997 was mutated on 12.6.1980 and was certified on 25.7.1980 by which names of Mahendrasinh Mohansinh Bhagwansinh, Manavendrasinh Mohansinh and Rajendrasinh Mohansinh were entered as heirs of deceased Mohansinh Bhagwansinh.