Gujarat High Court
Mohammadidrish Mohammadsalim ... vs State Of Gujarat on 8 July, 2021
Bench: Sangeeta K. Vishen
C/SCA/561/2015 ORDER DATED: 08/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 561 of 2015
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MOHAMMADIDRISH MOHAMMADSALIM SHAIKH & 6 other(s)
Versus
STATE OF GUJARAT & 5 other(s)
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Appearance:
MR N R DESAI(6504) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2,3,4,5,6,7
Advocate Not Given (MA) for the Respondent(s) No. 5,5.1
MR AKASH CHHAYA, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1 to 4
MR RASESH H PARIKH(3862) for the Respondent(s) No. 6
MR.HEMANG H PARIKH(2628) for the Respondent(s) No. 6
NOTICE SERVED BY DS(5) for the Respondent(s) No. 5.1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 08/07/2021
ORAL ORDER
1. Heard Mr. S.P. Majmudar, learned advocate for the
petitioners, Mr. Akash Chhaya, learned Assistant Government
Pleader for the respondent nos.1 to 4 and Mr. Hemang H.
Parikh, learned advocate for the respondent nos.5.1 and 6.
2. The matter was argued at length. During the course of
the arguments, Mr. Hemang H. Parikh, learned advocate
appearing for the respondent no.6 states that the order dated
28.2.2007 passed by the Mamlatdar, Anand is in conformity
with the directions contained in the judgment dated 8.9.2000
passed by the Joint Civil Judge (Junior Division), Anand in Court
Mukadma No.267 of 1992. He states that the respondent no.6
has no objection if the entry is mutated in the revenue record
as per the directions contained in the judgment dated
8.9.2000.
C/SCA/561/2015 ORDER DATED: 08/07/2021
3. On the other hand, Mr. S.P. Majmudar, learned advocate
for the petitioners states that if the entry is to be mutated as
per the judgment dated 8.9.2000, the petition can be disposed
of with a direction to the Mamlatdar, Anand to mutate the
entry accordingly.
4. It is jointly submitted that let the entry no.67242 dated
13.3.2001 be quashed and set aside.
5. Having regard to the submissions made by the learned
advocates for the respective parties, it would not be necessary
for this Court to address the issue in detail on merits. In view of
the consensus arrived at between the parties, the entry no.
67242 dated 13.3.2001, is hereby quashed and set aside. The
matter is remanded back to the Mamlatdar, Anand with a
direction to mutate the entry in the revenue record as per the
direction contained in the judgment dated 8.9.2000 passed by
the Joint Civil Judge (Junior Division), Anand in Court Mukadma
No.267 of 1982 Exh.319.
6. Let the Mamlatdar, Anand undertake the said exercise
preferably within a period of three months from the date of
receipt of the copy of the order.
7. With the aforesaid direction, the petition is disposed of.
No order as to costs.
(SANGEETA K. VISHEN,J)
BINOY B PILLAI
