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SCA/1354/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1354 of 2011
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DAUDBHAI
SULEMANBHAI MUSA - Petitioner
Versus
STATE
OF GUJARAT & 9 - Respondents
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Appearance :
MR
NK MAJMUDAR for the Petitioner.
MR PRANAV DAVE, AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
10.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 25/02/2011
ORAL
ORDER
1. The
present petition under Article 226 of the Constitution of India, is
against the interlocutory order dated 7.12.2010/ 10.12.2010 passed by
Revisional Authority – Secretary (Appeals), Revenue Department,
State of Gujarat in Revision Application No110/2010, by which,
Revisional Authority has refused to stay the order dated 26.7.2010
passed by the Collector, Bharuch, by which, mutation entry in favour
of the petitioner is ordered to be set aside and the order with
respect to cancellation of mutation entry in favour of private
respondent, has been confirmed.
2. Considering
the fact that the dispute is with respect to mutation entry and the
petitioner as well as private respondent are claiming title and
ownership by way of two different sale deeds and Civil Suit is
pending between the parties, the present petition is not entertained
more particularly on the ground that as per settled proposition of
law, mutation entry in the revenue record does not confer any right,
title and interest in favour of the persons, whose names are entered
in the revenue record and the parties have to govern by outcome of
the Civil Suit. In view of the above, the present petition is not
entertained and the same deserves to be dismissed and is accordingly
dismissed. As and when the aforesaid Revision Application is heard by
learned Revisional Authority, the same may be decided and disposed
of, in accordance with law and on merits and without in any way being
influenced by the interlocutory order.
[M.R.SHAH,J]
*dipti
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