P.D.DESAI, D.P.DESAI, N.H.BHATT
GOVERNMENT OF GUJARAT – Appellant
Versus
AMRAJI MOTIJI THAKOR – Respondent
( 1 ) IN First Appeal No. 148 of 1968 the following question which arose for determina- tion has been referred to the Full Bench by M. C. Trivedi J. : whether a notice issued by the authority under Section 202 of the Bombay Land Revenue Code (to be referred to as the Code) for dispossession without giving an opportunity to the person concerned to show-cause in a notice in violation of principles of natural justice and therefore ultra vires and bad in law ? it appears that similar question arose in Special Civil Application No. 1099 of 1975 with he result that while issuing Rule in that petition he learned Judge ordered it to be heard with Firs Appeal No. 148 of 1968. The facts which led the filing of First Appeal No. 148 of 1968 only may be shortly stated. That appeal arose from a decree passed in Civil Suit No. 832 of 1964 filed by the respondents against the appellant for a declaraion that the notice issued by the Deputy Collec- tor dated 17/01/1964 for taking away possession of the land in dispute was illegal; and for an injunction restraining the defendant and its servants from disturbing plaintiffs possession of he suit land which is Survey No. 240 admeasuring 3
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