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2004 Supreme(Guj) 757

B.J.SHETHNA
MAHENDRABHAI VASUDEV RAJGOR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.J.SHASTRI, H.D.Dave

B. J. SHETHNA, J.

( 1 ) THE petitioner purchased agricultural land bearing Block No. 23 situated at village Tajpura, Taluka Halol, Dist, Panchmahals admeasuring 2 acres and 12 gunthas under the registered sale deed from the present respondent Nos. 4 to 8-original owner of the land by a sale deed dated 27. 6. 1980 (Annexure-A ). Thereafter, he applied for mutation in the revenue record in respect of the said land. Mutation entry was certified on 5. 4. 1981 by Talati-cum-Mantri (Annexure-B) with shero that neither there was a note regarding new tenure land nor patta issued to the said land. Thus, since June, 1980 the petitioner was in possession of the said agricultural land and continued to develop and nourish the same for years together. However, after a period of almost 12 years, the petitioner was served with two show cause notices dated 28. 1. 1992 and 30. 7. 1992 by the Assistant Collector, Godhra, Prant Godhra calling upon him to show cause as to why the said land should not be forfeited to the Government because it was a new tenure land. Notices were issued to the original owners as well. They have appeared before the Assistant Collector in response to the notices and stated t










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