H.R.SHELAT
JAYANTILAL MOHANLAL DESAI – Appellant
Versus
STATE – Respondent
( 1 ) THE petitioners have filed this writ petition under Art. 227 of the Constitution of India, with a prayer to the effect that this Court may be pleased to issue a writ of Certiorari or any other appropriate writ, or an order quashing the impugned order dated 5th January 1994 passed by the then Dy. Collector, Navsari, in C. T. S. Appeal No. 12 of 1993-94, the copy of which is annexed as Annexure D to this petition. The question that falls for consideration is whether the owner of the neighbouring property can as of a right claim the opportunity of being heard before the City Survey Officer, or the authority in appeal who is to pass the order qua the right, title, interest, possession, use and occupation, sketch, area, number, tenure, liability, nature, encumbrance, measurement etc. , of a property (land ).
( 2 ) THE petitioners are the owners and in possession of the property bearing rev. Survey No. 226/1, the City Survey Number of which is 4043 admeasuring 644 sq. mts. situated in Ashanagar, behind Garda College Campus, Ward No. 6 at navsari in Valsad District. They purchased this property on 20-8-1963 from naranjibhai Bhimjibhai Patel. The petitioners thereafte
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