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2002 Supreme(Guj) 199

M.S.SHAH
FIROZ NASARULLA SHEIKH – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.D.Vyas, KETTY A.MEHTA, MANISH DAGLI, S.P.SEN

M. S. SHAH, J.

( 1 ) THE petitioner challenges the order dated 28. 8. 1990 (Annexure "c") passed by the Collector, Valsad under the provisions of the Bombay Land Requisition Act, 1948 (hereinafter referred to as "the Act" ).

( 2 ) WHEN this petition was filed in the year 1990, the petitioner herein was holding the post of a Deputy mamlatdar in the Revenue Department of the State government and was posted in the Collectorate at Valsad. In the year 1966, when the petitioner was serving in the valsad Collectorate, the petitioner had informed the collector that the petitioner was desirous of occupying the premises known as Room No. 3 in "baug-e-Jetun" building in Valsad town. In September and October, 1966, the Collector, Valsad sent letters to Mohmad Husein Sema (original owner or the original landlord-father of respondent No. 2 herein) that the provisions of the Act were applicable to the premises in question and that since the premises were lying vacant, the same could not be let out to any one without the permission of the collector, otherwise the owner would be liable to criminal prosecution. The original owner thereupon agreed to let out the premises to a Government servant. Hence





















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