2015 (1) TMI 1462

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..... ss appropriate orders. Petition allowed by way of remand.
MR. R.M.CHHAYA, J. For the Petitioner: MR KV SHELAT, For the Respondent: MR MANAN MEHTA, JUDGMENT MR. R.M.CHHAYA, J. (1) RULE. Mr.Manan Mehta, learned Assistant Government Pleader for respondent Nos.1 to 3, and Ms.Shivani Rajpurohit, learned advocate for private respondent Nos.4 to 6, appear and waive service of rule on behalf of the respective respondents. With consent of learned counsel for the respective parties, the matter is taken up for hearing and final disposal forthwith. (2) By way of this petition under Article 226 of the Constitution of India the petitioner has, inter alia, prayed for the following reliefs: "(A) YOUR LORDSHIP/S may be pleased to allow this w .....

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..... ing Block No.135(21), it is pointed out that pursuant to the order of the Prant Officer in relation to Block No.258, a mutation entry has been made in relation to land bearing Block No.135(21) and the names of the heirs of the original owners are sought to be brought on record in respect of the land of the petitioner. 2. Having regard to the aforesaid, issue notice returnable on 5th August, 2013. By way of adinterim relief, the respondent revenue authorities shall maintain status quo with regard to revenue entry No.2135 qua the petitioners Block No.135 (survey No.165) and the operation of entry No.7071 is hereby stayed. On the returnable date, the respondent No.3 Mamlatdar shall clarify before this court as to under what circumstances, t .....

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..... he concern circle officer and therefore the answering respondent being Mamlatdar has no power to quash and set aside the said entry. I further say and submit that to quash and set aside the entry power is wasted to the Dy. Collector and therefore the answering respondent will prefer an appeal under Rule 108(5) of the Gujarat Land Revenue Rules to the Dy. Collector for quashing and setting aside the entry." (6) It may further be noted that even as per order, which is the subject matter of Entry No.7071 dated 04.12.2012, there is order dated 07.07.2004 passed in R.T.S./Appeal/S.R./78/2003 by Deputy Collector, Gandhinagar and certified copy of the said order is on record, which also speaks Block No.258. In light of the aforesaid, it was sub .....

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