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1998 Supreme(Guj) 645

S.K.KESHOTE
MELABHAI KEVALDAS PRAJAPATI – Appellant
Versus
STATE – Respondent


Advocates Appeared: VIPUL S.MODI

S. K. KESHOTE, J.

( 1 ) HEARD the learned counsel for the petitioners.

( 2 ) UNDER the impugned order dated 1-6-1998 the learned trial Court, 4th Civil Judge (S. D.), Palanpur allowed the application of respondent No. 2 and ordered him to be impleaded as defendant No. 2 in regular civil suit No. 110/98 filed by the plaintiffs-petitioners.

( 3 ) THE plaintiffs-petitioners filed regular civil suit No. 110/98 in the Court of Civil Judge (S. D.), Palanpur praying for permanent injunction that the respondent-State of Gujarat should not dispossess them from the suit land without following the due process as they have been cultivating the suit land as ganot for a very long time as reflected in the pahani patrak entries which are produced and have spend huge amount and made the suit land fertile and cultivable land.

( 4 ) IT is not in dispute that in respect of this very disputed land the proceedings under the Agricultural Land Ceiling Act have been initiated against the original land holders and the land in dispute has been allotted to the defendant-respondent No. 2 by the Government vide its order dated 18-4-1998 and he was put in possession of the land vide receipt dated 2-5-1998. The pl







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