IBRAHIM KESARKHAN RATHOD Vs. HEIRS OF KASAMKHA SARDARKHA

JUDGEMENT

(1.) By way of present petition, the petitioners under Article 227 of the Constitution of India have challenged the legality and propriety of the order dated 7/8.10.2013 passed by the respondent No.6, Revenue Secretary (Appeals) in Revision application No.41/2012 (Annexure­A), whereby the Respondent No.6 has dismissed the said Revision Application.

(2.) As transpiring from the record, the petitioners claim to be owners in respect of land bearing Survey No.509/2 situated at village Surashamal, Taluka Sinor, District Vadodara. According to them, their grandfather i.e. Kesar Dula who died on 07.06.1973 owned the said land. Deceased Kesar Dula had not executed any will or gift­ deed or sold the said land and after the death of Kesar Dula, the petitioners were in possession of the said land. According to the petitioners, one Shri Dholia Becharbhai Vasrambhai tried to take possession of the land in question on the ground that he had purchased the said land. Petitioners therefore approached the Deputy Collector, Dabhoi by filing RTS proceedings in respect of the said land disputing the mutation entry No.3075 posted on 18.07.1982. The Deputy Collector, Dabhoi rejected the RTS proceeding of the petitioners vide order dated 07.04.2011 on the ground that the application was filed after 29 years and there was no sufficient ground to condone such delay. Against the said order, the petitioners had filed Revision Application before the Collector, Vadodara, who vide order dated 08.12.2011 rejected the same.

(3.) The Talati­cum­Mantri, Surashamal thereafter, vide mutation entry no.5019 entered the name of Dholiya Becharbhai Vasrambhai as the purchaser of the land bearing survey No.509/2. The petitioners also approached the Talati­Cum­Mantri of village Surashamal, for entering their names in the revenue records on the basis of pedhinama on the ground that they were the direct successors of late Shri Kesar Dula. The Talati Cum­Mantri made mutation entry No.5130 and entered the names of the petitioners on 22.06.2011. Since, the petitioners had objected against the mutation of entry no.5019, the Mamlatdar registered the RTS case No.7/2011. Similarly, Dholia Becharbhai Vasrambhai objected against entry no.5130 and therefore, Mamlatdar registered RTS case No.9/2011.