By way of this petition, the petitioners have challenged the order dated 22.10.2010 at Annexure.G passed by the Collector, Kachchh as well as the Entry No.1494 dated 2.1.2010 recorded by the Deputy Mamlatdar in Form No.6, at Annexure.F to the petition.
2. The brief facts of the case are that, the petitioner No.1 is a Khedut Khatedar of Revenue Survey No.114/1 paiki situated at village Vadava of Tal. Bhuj-Kachchh. The petitioner No.1 and the petitioner No.2 (daughter of petitioner No.1) purchased agricultural land of Revenue Survey No.152/2 Anjar Taluka by registered sale deed dated 24.12.2009. The petitioner No.1 gave an application to the Mamlatdar, Anjar for entering the mutation entry of the land in question in the prescribed Form dated 29.12.2009. The petitioner No.1 filed an affidavit in connection with his khedut khatedar on 29.12.2009.
2.1 The Office of the Mamlatdar issued notice under Section 135D of the Bombay Land Revenue Code on 4.1.2010. Thereafter, the Collector, Bhuj-Kachchh issued yadi letter that if the person is purchasing the land on the basis of hereditary right then, the name of such purchaser should be entered in the Revenue record on the basis of hereditary right first and thereafter the mutation entry should be certified Yadi letter dated on 22.1.2010.
2.2 The Circle Officer cancelled the Mutation Entry No.1494 dated 2.1.2010 in view of the Yadi letter Annexure.F dated 5.4.2010. The aforesaid two orders are under challenge in this petition.
3. I have heard learned counsel for the petitioners. In my opinion, even if the Collector has passed a stereo-type order, the validity of the same can be challenged before the Secretary (Appeals). Thus, the petitioners have alternative remedy of approaching the Secretary (Appeals). In that view of the matter, this petition is not entertained and it stands disposed of accordingly.