Laxmiben Wd/O Chanduji Punjaji Lh ... vs State Of Gujarat

Heard Shri Ashok Purohit, learned advocate for the petitioners. Challenging the impugned order passed by the Deputy Collector dated 11.06.2020, he has submitted that the said dispute arise out of a heirship entry for the area of 10088 sq meters of land. He has submitted that Chanduji Punjaji held two parcels of land, out of 274 paiki admeasuring 43200 sq meters as also 10088 sq meters of land. Though the heirship entry is reflected in one parcel of land, it is not reflecting other parcel of land, and therefore, dispute arose to get the heirship entry in the said parcel of land. Though he has rejected the RTS Appeal No.126 of 2019, according to the submission of Shri Purohit, he has gone beyond his jurisdiction prohibiting the petitioners from mortgaging, selling, gifting or transferring the parcel of land out of block /Survey No.274 admeasuring 43200 sq meters and maintain status-quo for the same. According to the submission of Shri Purohit, the said order is beyond the jurisdiction of Deputy Collector, and therefore, though alternative remedy is available, it has been challenged Page 1 of 2 Downloaded on : Sat Aug 29 03:57:41 IST 2020 C/SCA/10118/2020 ORDER before this Court under Article 226 of the Constitution of India. He has further pointed out that the findings recorded by the Deputy Collector at paragraph 11 with regard to parcel of land admeasuring 43200 sq meters that on what basis Chanduji Punjaji had possessed that land, there is no such entry in the revenue record. However, the finding recorded by the Deputy Collector is incorrect if the first paragraph recording the facts and circumstances of the case is seen. However, looking at entry No.8401, it is clear that the land admeasuring 43200 sq meters made out of block /Survey No.274 paiki is purchased by Chanduji Punjaji from the owners of that land. Thus, according to the submission of the learned advocate for the petitioner, the order is without jurisdiction.

Hence, NOTICE returnable on 05.10.2020. Shri Utkarsh Sharma, learned Assistant Government Pleader, waives service of notice on behalf of respondent no.1 - State.

Till the next of hearing the impugned order passed by the Deputy Collector dated 11.06.2020 granting injunction against the petitioners in respect of land bearing block /Survey No.274 admeasuring 43200 sq meters to deal with the same is hereby stayed on condition that the petitioners shall maintain status-quo over the land.

Over and above regular service, respondent no.2 is directed to be served through e-mail also. Shri Utkarsh Sharma, learned Assistant Government Pleader, may intimate him and get clear instructions and apprise the Court about the controversy.

(UMESH A. TRIVEDI, J.) K.K. SAIYED /siji Page 2 of 2 Downloaded on : Sat Aug 29 03:57:41 IST 2020