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2004 Supreme(Guj) 58

R.K.ABICHANDANI
THAKKAR SHANTILAL MOHANLAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: B.J.JADEJA, C.T.MANIAR, L.R.PUJARI

R. K. ABICHANDANI, J.

( 1 ) THE petitioner challenges the order of the Revenue Tribunal made on 31. 7. 1989 in Appeal Ten. A. A. No. 51/85 dismissing the petitioners appeal and upholding the order of the Collector made on 29th March, 1985 in suo motu revision application no. 1/84-85 by which the Collector set aside the order dated 31. 5. 1983 of the Assistant Collector, granting permission to the petitioner in respect of the sale transaction in question under the provisions of the second proviso to Section 54 (1) of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1947, and revoking the certificate dated 29. 4. 83 issued by the Assistant Collector showing that the petitioner was having annual income of less than Rs. 5,000. 00.

( 2 ) AS per the certificate dated 29. 4. 1983, a copy of which is annexed at Annexure:a to the petition, the Assistant Collector, Dhangadhra had certified under Rule 18 read with Section 54 of the said Ordinance that the income of the petitioner did not exceed Rs. 5,000. 00. It is evident from the certificate that pursuant to the application dated 30. 11. 1982 made by the petitioner for seeking such certificate, the Mamlatdar, Hal









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