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SCA/4751/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4751 of 2010
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FATMA
D/O IBRAHIM PATEL & 10 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY (APPEALS) & 2 - Respondent(s)
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Appearance :
MR
DHIRENDRA MEHTA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,
1.2.8, 1.2.9, 1.2.10,1.2.11
MR NEERAJ SONI, AGP for Respondent(s)
: 1 - 3.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/07/2010
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India the petitioners have prayed for an appropriate writ, order
or direction quashing and setting aside the impugned order passed by
the learned Secretary (Appeals), Revenue Department, State of Gujarat
dated 30/06/2009 in Revision Application No. SRD/HKP/NVS/2/2008,
order passed by the Collector, Navsari dated 2/06/2008 in RTS
Revision Case No. 20/2000 as well as the order dated 16/08/2000
passed by the Deputy Collector, Navsari in RTS Appeal No. 465/2000 in
which the petitioners have challenged the mutation entry with respect
to the land in question and/or mutated in the year 1964.
2. Considering
the fact that the mutation entry of 1964 came to be challenged by the
petitioners after a period of 36 years before the Deputy Collector
and when the Deputy Collector declined to entertain the said appeal
on the ground of limitation and/or barred by delay and laches and
said order came to be confirmed by the Collector, which further came
to be confirmed by the revisional authority, it cannot be said that
the authorities below have committed any error in not entertaining
the appeal after a period of 36 years. It is to be noted that the
dispute is with respect to the mutation entry. As per the settled
law, mutation entry does not confer any right, title or interest in
favour of the person whose name is mutated in the revenue record. If
there is any dispute with respect to the title, the aggrieved party
has to approach the Civil Court for crystallising his right and
obtain appropriate order from the Civil Court.
3. In
view of the above, there is no substance in the present petition,
which deserves to be dismissed and is accordingly dismissed.
(M.R.
SHAH, J.)
siji
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