KRISHNABAN NANBHA JADEJA Vs. SPECIAL SECRETARY, REVENUE DEPARTMENT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioners have prayed for the following reliefs:

(2.) Heard Mr.Chintan K. Gandhi, learned advocate for the petitioners and Mr.Nikunj Kanara, learned Assistant Government Pleader for respondent Nos.1 to 4.

(3.) It is stated by the learned advocate for the petitioners that land bearing Survey No.51 admasuring 5 Acres and 10 Gunthas situated at Village Ribda, Sub­district Gondal, District Rajkot, is an ancestral property of the petitioners. It is further stated that the name one Nanbha Shivubha was running in the revenue record. Said Nanbhai Shivubha is the husband of petitioner No.1 and father of petitioner No.2. Said Nanbha had obtained N.A. Permission in the year 1984­85 from the competent authority with regard to the subject land and, therefore, Entry No.754 was mutated in the revenue record on 04.12.1985. It is stated that the intention of said Nanbha Shivubha was to utilize the disputed land for public welfare. He has, therefore, given the subject land to Lok Kalyan Trust i.e. respondent No.6 herein. Therefore, Entry No.772 was mutated in the revenue record on 01.08.1986. It is further stated that along with the Sale Deed executed in favour of the Lok Kalyan Trust, another Agreement was also executed between Nanbha Shivubha and Lok Kalyan Trust on 06.11.1985. As per the said Agreement, the land in question is to be utilized for public welfare purpose.