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1996 Supreme(Guj) 169

A.N.DIVECHA
MUNICIPAL CORPORATION, RAJKOT – Appellant
Versus
STATE – Respondent


Advocates Appeared: N.J.MEHTA, N.K.PAHVA, P.M.THAKKAR, S.R.BRAHMBHATT,T.H.Sompura

A. N. DIVECHA, J.

( 1 ) THE order passed by the Additional Mamlatdar for the city of Rajkot at Rajkot (respondent No. 3 herein) on 12th March 1982 as affirmed in revision by and on behalf of the State of Gujarat (respondent No. 1 herein) by the order passed on 31st August 1982 is under challenge in this petition under Art. 227 of the Constitution of India. By his impugned order, respondent No. 2 held one parcel of land bearing survey No. 625/626 admeasuring about 284 square yards (the disputed land for convenience) to be Government land and to have been encroached by and on behalf of one Reliance Construction Company through the present petitioner and ordered summary eviction therefrom and imposed fine of Rs. 5. 00 on the petitioner for such encroachment.

( 2 ) THE fact giving rise to this petition move in a narrow compass. It appears that the petitioner claimed to be the occupant of the disputed land on the ground of its vesting in the erstwhile Municipality of Rajkot, later on becoming the Municipal corporation of Rajkot (the petitioner herein ). It appears that the disputed land was allotted by and on behalf of respondent No. 1 on 20th October 1972 to one Laxmandas pohumal (the d











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