JUDGEMENT
J.B.PARDIWALA -
(1.)This appeal under Clause 15 of Letters Patent Act is at the instance of the original writ applicant of a writ application and is directed
against the order passed by a learned Single Judge of this Court
dtd. 16/7/2019 in the Special Civil Application No.12206 of
2019, by which the learned Single Judge rejected the writ application.
(2.)The appellants herein (original writ applicants) filed the Special Civil Application No.12206 of 2019 with the following prayer:-
"(a) admit and allow this petition;
(b) issue appropriate writ, order or direction for quashing and setting aside the order dtd. 3/5/2019 passed by Secretary Revenue Department (Appeal), Ahmedabad in Revision Application No.MVV/HKP/BNS/22/2019 and the order dtd. 29/9/2018 passed in Revision Case No.138/2017 by the Collector, Banaskantha and order dtd. 18/6/2017 passed in RTS Appeal No.134 of 2016 by the Deputy Collector,Palanpur;
(c) PENDING ADMISSION, FINAL HEARING and DISPOSAL of this petition, stay the implementation and operation of order dtd. 3/5/2019 passed by Secretary Revenue Department (Appeal), Ahmedabad in Revision Application No.MVV/HKP/BNS/22/2019 and the order dtd. 29/9/2018 passed in Revision Case. No.138/2017 by the Collector, Banaskantha and order dtd. 18/6/2017 passed in RTS Appeal No.134 of 2016 by the Deputy Collector,Palanpur;
(d) Grant such other and further relief as thought fit in the interest of justice."
(3.)The facts giving rise to this appeal may be summarized as under: It appears from the materials on record that the parcels of land
bearing survey nos. 43, 44, 53, 69, 71, 73, 74, 77, 78, 79, 80, 81,
82, 76, 84, 85, 103, 106, 66 and 67 respectively situated at the village:- Balavchudi, Taluka: Vadgam, District:- Banaskantha
were running in the joint names of the appellants herein and the
private respondents. On 7/12/1971 all the aforesaid parcels of
lands stood amalgamated, culminating into different block
numbers and in this regard one entry came to be mutated in the
revenue records being the entry no.402. One Bhemuji Badraji
passed away and upon his demise, the names of legal heirs and
representatives of the deceased came to be mutated in the
revenue records on 3/1/1981 vide the Mutation Entry No.
652.
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