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2002 Supreme(Guj) 264

J.N.PATEL
PRADHYAUMANBHAI MOHANLAL PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.H.JOSHI, K.J.BRAHMBHATT

JAYANT PATEL, J.

( 1 ) ). WITH the consent of the parties, the matters are taken up for final hearing.

( 2 ) ). THE present petitions are preferred against the orders dtd. 16. 4. 98 and 9/12/1999 passed by the Chief Controlling, Revenue Authority, State of Gujarat, Ahmedabad.

( 3 ) ). HEARD Ms. K. J. Brahmbhatt, for the petitioner and Mr. Kothak, Ld AGP for the respondents. Ms. Brahmbhatt for the petitioners submitted that the orders passed by the Appellate Authority are stereotype order and no reasons whatsoever has been recorded while deciding with the appeal. Ms. Brahmbhatt submitted that the petitioners had purchased the properties with tenant and therefore, the said part for taking defence that the property will not fetch 100% market value is at all not considered. Mr. Kothak,agp supported the order of the appellate authority.

( 4 ) ). CONSIDERING the facts and circumstances of the case, I am of the view that, when the appellate authority viz. Chief Revenue and Controlling Authority is exercising the appellate power, it is obligatory for the authority to consider the defence of the petitioners and the grounds raised in the appeal or at the time of hearing the appeal and then to





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