SCA/26263/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 26263 of 2007 ========================================================= BABUBHAI VITHALBHAI PATEL & 1 - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR ASHOK N PARMAR for Petitioner(s) : 1 - 2. MR SATYAM CHHAYA ASST GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 3, 3.2.1, 3.2.2,3.2.3 - 4, 4.2.1,4.2.2 ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 09/07/2008 ORAL ORDER
Having
heard the learned advocate Mr.Ashok Parmar for the petitioner, and
having perused the material on record, it would appear that the Joint
Secretary (Appeals), Revenue Department, State of Gujarat has by
impugned order dated 21.03.2007 rejected the revision application of
the petitioner and confirmed the order passed by the Collector with
respect to the revenue entries in the disputed property. In doing so,
the authority observed that the property was in the joint names of
the member of the family. The names of sisters have not been deleted.
Their rights continue, despite which Patel Chhunibhai Gulabchand
tried to transfer the entire property by conditional sale which could
not have been done.
I
am in broad agreement with the reasons recorded. Further, the revenue
entries are primarily for the fiscal purpose and would not decide
substantive rights of the parties. If petitioner desirous, he can
seek civil remedies to establish his rights which would ultimately
govern the revenue entries.
With
these observations, the petition is dismissed.
(
Akil Kureshi, J. )
kailash