ATULBHAI NAGINBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The dispute is with regard to land bearing Revenue Survey No.602/1/A, Block No.577 admeasuring 3-­00-­48 Hector-­Are-­Sq. Meters of Mouje Mota Varachha, Taluka Surat City and District Surat. It is submitted by the learned advocate for the petitioner that respondent No.6 Natvarbhai Ratanbhai Patel is the owner of the land in question. He executed Power of Attorney in favour of respondent No.18 Sanjaybhai Dayalbhai Patel. It is submitted that the said Power of Attorney holder executed Sale Deed in favour of the petitioner on 06.07.2007. The said Sale Deed is duly registered before the competent authority. On the basis of the Sale Deed executed in favour of the petitioner, Entry No.5832 was mutated in the revenue record whereby the name of the petitioner is mutated.

(3.) Mr.Nishit Gandhi, learned advocate appearing for the petitioner, would mainly contend that the petitioner has purchased the land and when the registered Sale Deed is executed in his favour, the respondent authorities ought to have considered the said Sale Deed and ought to have entered the name of the petitioner in the revenue record. Learned advocate has placed reliance upon the decisions rendered by this Court in the case of Jhaverbhai Savjibhai Patel Thro' POA Holder Ashok J. Patel Vs. Kanchanben Nathubhai Patel and Ors. reported in 2005(3) GLH 657 and in the case of Ganeshbhai Manilal Mayavanshi Vs. State of Gujarat reported in 2007(2) GCD 1548. After relying upon the said decisions, it is contended that the entry must be registered on production of registered document and the validity of the document can be adjudicated by the concerned Civil Court. In the present case, the Sale Deed executed in favour of the petitioner has not been challenged by the concerned respondent by filing Civil Suit and, therefore, name of the petitioner is required to be mutated in the revenue record on the basis of the registered Sale Deed. He, therefore, urged that the impugned orders be set aside.