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2005 Supreme(Guj) 594

H.N.DEVANI
PUNJABHAI JETHABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: JITENDRA M.PATEL, K.H.BHAYA

H. N. DEVANI, J.

( 1 ) BY this petition under Article 226 and 227 of the Constitution of India, the petitioner challenges the order dated 30th June 1995, passed by the State Government (Annexure F ); the order dated June 1993, passed by the Collector, Sabarkantha (Annexure E ); the order dated 29th May 1989, passed by the Deputy Collector, LAND-8 Scheme, Sabarkantha, Himmatnagar (Annexure D ); as well as the order dated 13th January 1989 passed by the Collector, Sabarkantha (Annexure C ). The petitioner prays that the order dated 21st May 1984, passed by the Deputy Collector, Land Scheme 11, Visnagar, (Annexure B ) be confirmed.

( 2 ) THE short facts of the case are that the petitioner Patel Punjabhai Jethabhai who was the owner of land admeasuring 2 Acres 11 gunthas of Survey No. 101 of village Bundheli, Taluka Bhiloda, transferred the said lands to one Manglaji Dhanaji Bhagora in exchange for lands admeasuring 2 acres of Survey No. 94/2 of the same village owned by the said Mangalaji by way of a registered deed. The Deputy Collector, Land Scheme 11, Visnagar was of the view that the said transfer was in breach of the provisions of section 73a of the Bombay Land Revenue Code, 1879

































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