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2000 Supreme(Guj) 668

H.K.RATHOD
LAVJIBHAI MOTIRAM PRAJAPATI – Appellant
Versus
STATE – Respondent


Advocates Appeared: P.J.VYAS, Samir Dave

H. K. RATHOD, J.

( 1 ) HEARD Mr. P. J. Vyas, learned advocate appearing for the petitioners and Mr. Samir Dave, learned AGP for respondent No. 1. No one appeared on behalf of the respondent No. 2 and Mr. K. K. Trivedi, learned advocate appearing on behalf of the respondent Nos. 6 to 14.

( 2 ) IN the present petition, RULE has been issued by this Court on 27th July, 1994 and granted ad-interim relief on condition to file undertaking by the petitoner on or before 31st August, 1994. Accordingly, undertaking has been filed by the petitoner on 27th August, 1994 which is on record.

( 3 ) THE brief facts of the present petition are as under.

( 4 ) THE respondent Nos. 2 and 3 are the owners of the land block No. 502 situated in the sim of Olpad admeasuring As. 8-33 Gs. [ 35714 sq. mtrs ]. The respondent Nos. 2 and 3 made an application on 8-4-1982 to the respondent no. 4 Taluka Development Officer under Section 65 of th Bombay Land Revenue Code seeking N. A. permissin for residence and industrial purpose. The respondent Nos. 2 and 3 requested to grant N. A. permission for residence from block no. 502 paiki for 8590 sdq. mtrs. and for industrial purpose fom block No. 502 paiki 27124 sq. mtrs















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