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3.It is the case in the FIR that the land bearing survey No.249 situated at village Salval was a new tenure land upto the year 1996-1997. The entry showed the name of Bhagwan Parag Nayka as R/CR.MA/12529/2013 CAV JUDGMENT DATED: 12/07/2021 the owner of the land in the year 1998-1999 to 2004-2005. Some tampering is alleged in the revenue record & the name of Bhagwan Kika appeared as an owner and a mutation entry to the said effect was posted. It is alleged that Talati of the village entered the said name and removed the restrictions of Section 73 (AA) and the mutation entry No.5152 dated 21.10.2008 was posted. It is also alleged that the accused persons in the capacity of legal heirs of Bhagwan Kika, got their names entered into the record of rights and mutation entry No.5153 was posted on 21.10.2008.




3.6        So far as the deletion of restriction of

           Section 73     (AA)      from          7/12       extract             is

           concerned,         admittedly,             according            to      the

           said      application,        the          allegation           in      the

FIR explains that the offence is committed by the then Talati of the village, who has arrested and as per the best of the knowledge of the present applicant he is enlarged on regular bail. Therefore, if there is any tampering at all is indicated in the FIR, the first informant himself, R/CR.MA/12529/2013 CAV JUDGMENT DATED: 12/07/2021 who is the Talati is responsible and no offence of forgery can be said to have been committed by the present applicant.

7.On thus hearing learned advocates on both the sides for the following reasons this application deserves rejection:

8.At the outset, it is to be mentioned that the R/CR.MA/12529/2013 CAV JUDGMENT DATED: 12/07/2021 District Land Vigilance Committee had inquired into the tampering of the Government Record concerning Revenue Survey Nos.570, 571, 249 paiki and 315. At issue No.4 in its address to the Vaapi Town Police Station on 02.06.2012, in the communication addressed by Mamlatdar Pardi, Shri L.R.Chaudhary states that the original owner of the land situated at Salvav, Taluka: Pardi being survey No.249 paiki was one Shri Bhagwanji Parag Nayka, who had been given this land as per the Tenancy Act and therefore, the type of land is under Sections 73(AA) & 43 of the Tenancy Act. On his death, Keshav Parag and on his death the heir was Vasantbhai Keshavbhai, was the heir. However, on the death of Vasantbhai Keshavbhai, name of Bhagwanji Kika Kodi Patel is shown to have entered and the names of his heirs also have been entered.

They have given a bogus power of attorney to one Mr.Dhansukh Nanubhai Patel, who sold the said land to one Shri Hanshraj Bhanushali and thereby has made a clear breach of Section 73(AA) of the Tenancy Act. It has caused loss to the Government of its premium and therefore, the 12 persons have R/CR.MA/12529/2013 CAV JUDGMENT DATED: 12/07/2021 been made accused who are found to be responsible.