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1996 Supreme(Guj) 436

A.N.DIVECHA
Manubhai Bhikhabhai Valand – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, T.H.Sompura

A. N. DIVECHA, J.

( 1 ) THE order passed by the City Deputy Collector at Ahmedabad on 21 st april 1995, under Sec. 79-A of the Bombay Land Revenue Code, 1879 (the Code for brief) in Breach of Condition/remand Case No. 21 of 1994 as affirmed in appeal by the order passed by the Collector of Ahmedabad (respondent No. 2 herein) on 27th February 1996 in LB/appeal No. 47 of 1995 as further affirmed in revision by the order passed by and on behalf of the State Government (respondent No. 1 herein) on 8th July, 1996 in revision Application No. 5 of 1996 is under challenge in this petition under Arts. 226 and 227 of the Constitution of India. By his impugned order, the City Deputy Collector at ahmedabad ordered eviction of the petitioners from one parcel of land bearing survey No. 778 admeasuring 4 acres 23 gunthas situated at village Naroda taluka City district ahmedabad (Rural) (the disputed land for convenience ).

( 2 ) THE facts giving rise to this petition move in a narrow compass. The disputed land was granted to the petitioners on 2nd May 1986, on a new and impartible tenure. It appears that construction of houses in the name of Jogeshwari Cooperative Housing society Ltd. sprang up t










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