R.M.CHHAYA,J. - (1.)Feeling aggrieved and dissatisfied by the judgment and order dtd. 29/8/2018 passed by the learned Single Judge in Special Civil Application No.13731 of of 2016, the State Authorities have preferred this appeal under Clause 15 of the letters patent.
(2.)The following facts in nutshell will be necessary to refer to based upon the record of this appeal. The respondents-original petitioners are owners and occupiers of land bearing survey nos.326 paiki 1 having block no.316, totally admeasuring 34 gunthas, situated at Mouje-Niyol, Taluka:Palsana, District-Surat. It is a matter of record that now the land in question is included in the area of Draft Town Planning Scheme No.54, (Niyol-Sedhav), Surat and as per draft Town Planning Scheme, the respondents-original petitioners have been allotted final plots and some portion of the land in question is forming part of the town planning scheme road as well.
(3.)The land in question was originally owned by one Kesarlattadevi widow of Madhusudan Guruvallabhdas and the same was cultivated by one Shri Ratanji Bhavanji as tenant. The record indicates that the tenant had deposited an amount of Rs.72.15 paisa in the name of the land lady and resultantly, the land in question was granted to the tenant Ratanji Bhavanji on new and impartable tenure subject to restrictions under Sec. 43 of the Tenancy Act. An entry to the said effect being entry no.910 came to be mutated on 20/11/1974 which was duly certified by the competent authority on 10/2/1976. The record further indicates that on death of Ratnaji Bhavanji, name of Ratanben-widow of Ratnaji Bhavanji, came to be mutated in the revenue record as a successor by way of succession being entry no.1202 dtd. 3/4/1980. The record further shows that by way of a family arrangement, during the lifetime of Ratnaji, name of Ratanben came to be deleted and name of Jashvantbhai Jagubhai who happens to be the nephew of Ratanben, came to be mutated by entry no.1321 dtd. 19/1/1982. After following due process of law as provided under Sec. 135D of the Gujarat Land Revenue Code (hereinafter to be referred to as 'the Code' for the same of brevity), same entry came to be certified on 2/3/1982. The record indicates that the said entry was rechecked by the learned Collector and ultimately certified. Right from 1982 onwards, the name of Jashvantbhai Jagubhai came to be continuously shown as owner of the land in question. His death certificate on record shows that Jashvantbhai Jagubhai expired on 21/11/2003 and hence, names of heirs and legal representatives of Jashvantbhai Jagubhai came to be mutated vide entry no.2726 on 15/12/2003 along with other agricultural lands and the said entry also came to be certified.