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1998 Supreme(Guj) 484

R.BALIA
PRAVINBHAI BHAILALBHAI GOR – Appellant
Versus
RAJIVKUMAR GUPTA, collector,vadodara – Respondent


Advocates Appeared: B.S.PATEL, U.A.TRIVEDI

R. BALIA, J.

( 1 ) THE present petition challenges notice dated 29/11/1997 purported to have been issued under Rule 108 (6) of the Gujarat Land Revenue Rules, by which it sought to cancel the mutation entry made in favour of Dr. Pravinbhai bhailalbhai Gor on 28/03/1986, which was affirmed in the further proceedings on llth March, 1992 on the ground that such transfer has taken place without permission of competent officer and in violation of Sec. 43 and also because the petitioner is non-agriculturist, such entry was made in violation of Sec. 63 of the bombay Tenancy Act. The facts which led to issuance of this notice are that the land originally stood in the name of Mohanbhai, who executed a will in favour of present petitioner on 15-2-1986. On 18-10-1987 Mohanbhai expired and the petitioner claimed mutation entry in his favour on the basis of the said will. After holding an inquiry on application of the petitioner for such mutation, entry No. 1085 was in the record of right in favour of the petitioner on 28/03/1989. It was certified on 7/04/1989. Proceedings were initiated against the petitioner for alleged breach of Sec. 63 of the Bombay Tenancy Act by Addl. Mamlatdar and A. L. T









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