RUPAJIBHAI KELIYABHAI VASAVA Vs. RAMSINGBHAI PUNIYABHAI VASAVA

JUDGEMENT

(1.) By way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs :-

(2.) The case put forward by the petitioners is that the grandfather of the petitioner sold lands bearing Revenue Survey Nos.696 and 697 situated at village Mauza, Taluka Valia, Dist. Bharuch (hereinafter referred to as 'the land in question') to one Parshottambhai Ramjibhai in the year 1953 for which Entry No.281 was mutated in the revenue record on 11.11.1953. Since the said Parshottambhai Ramjibhai was not an agriculturist, the said Entry No.281 was cancelled on 20.12.1956. However, the name of said Parshottambhai Ramjibhai continued in the revenue record. Therefore, taking advantage of the same, the said Parshottambhai Ramjibhai sold the land in question to respondent No.1 by executing Registered Sale Deed on 13.6.1968. With regard to the said sale, Mutation Entry No.945 was recorded in the revenue record on 6.7.1968.

(3.) After a period of almost 45 years, i.e in the year 2013, the District Collector, Bharuch exercised his suo-motu powers with regard to the alleged illegal transaction of the year 1953 and the subsequent entries mutated in the revenue record with regard to the Sale Deed executed in favour of the respondent No.1 and issued notices on 14.8.2013. The said notices were served upon the petitioners and at that time, the petitioners came to know that though the sale transaction done by the grandfather of the petitioners was illegal and the said entry was not certified and got cancelled, the name of the transferee had continued and he had sold the land in question in favour of the respondent No.1. The District Collector, Bharuch vide orde dated 27.1.2014 cancelled Entry Nos.281 and 945.