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2004 Supreme(Guj) 618

J.N.PATEL
JAYANTILAL JETHALAL SONI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: D.P.KINARIWALA, D.S.PANDIT, KRUTI M.SHAH, M.P.SHAH

J. N. PATEL, J.

( 1 ) LEAVE to transpose respondent No. 5 as petitioner No. 2 and Mr. Kinariwala states that the vakalatnama shall be filed within ten days from today.

( 2 ) RULE. Ms. Pandit, learned AGP is directed to appear on behalf of respondents No. 1, 2, and 3 and she appears and waives service of rule on behalf of respondents No. 1, 2, and 3. Ms. Shah, learned Counsel, appearing for respondent No. 4 by caveat, waives service of rule. With the consent of the parties the matter is taken up for final hearing today.

( 3 ) THE question which arises for consideration of the Court is whether the revenue authority, while recording the mutation, could examine the breach of other provisions of the relevant laws or not and if not, then what will be the appropriate course for the authority to be followed ?

( 4 ) THE short facts of the case are that the petitioner No. 2 was the original owner and petitioner No. 1 is the purchaser of the land bearing survey No. 46 situated at Village Jetpur by registered sale deed dated 27. 6. 1996, vide registration No. 278. It appears that on the basis of the registered sale deed, on 1. 7. 1996, the entry bearing No. 2203 was recorded. Respondent No. 4 he










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