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1996 Supreme(Guj) 135

J.N.BHATT
KALPATARU LAND DEVELOPMENT PRIVATE LIMITED – Appellant
Versus
ASSISTANT COLLECTOR,surat – Respondent


Advocates Appeared: K.C.SHAH, P.M.THAKKAR, S.K.ZAVERI, Y.N.OZA

J. N. BHATT, J.

( 1 ) IN this batch of petitions under Arts. 226 and 227 of the constitution of India, common questions are involved. Therefore, they are being disposed of by this common judgment.

( 2 ) THERE are 22 petitions and facts are almost common and therefore, the facts in Special Civil Application No. 6511 of 1990 are mentioned. The petitioner is a company incorporated and registered under the Companies Act, 1956. One Balvantrai p. Vyas was the owner of part and parcel of land situated at village Abhava bearing survey number 506 (original survey number 400) in Surat District admeasuring approximately 1,138 acres of land.

( 3 ) BY mutation entry No. 861, dated 15-1-1985 pursuant to the order recorded in Revision No. TEN A. S. 8 of 1974 and also pursuant to the order passed by the civil Judge (S. D.), Surat and also by the Gujarat Revenue Tribunal dated 8-4-1976, name of one Balvantrai P. Vyas came to be entered as owner of part of survey number 506 admeasuring about 1,138 acres-8 gunthas.

( 4 ) THERAFTER, by mutation entry No. 987 recorded on 10-10-1988 pursuant to a consent decree dated 12-9-1986, passed by the High Court of Bombay in Original suit No. 2466 of 1986, the sai














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