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2006 Supreme(Guj) 539

JAYANT PATEL
ABHESINH MOHANSINH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: DHIRENDRA MEHTA, M.A.Kharadi

JAYANT PATEL, J.

( 1 ) WITH the consent of learned Advocate appearing for both the sides, the main special Civil Application itself is taken up for final hearing.

( 2 ) THE short facts of the case are that the petitioner sold the land vide register sale-deed in favour of respondents No. 2 to 3 on 16/5/1983. On 9/12/1983 the mutation entry No. 2366 was recorded in the revenue record and the same was certified on 2/6/1984. The Assistant Collector, Olpad thereafter on 9/11/1990 after period of about 7 years issued a show-cause notice taking the said entry in revision on the alleged ground that the transfer was in violation of the provisions of Section 63 of the Bombay Tenancy and Agricultural lands Act (hereinafter to be referred to as the act ) stating that the purchaser was not the agriculturist. It appears that on 28/2/1991, the Assistant Collector passed the order to cancel the entry No. 2366 in R. T. S. proceedings and he also consequently passed the order of declaring the transaction. The matter was carried in appeal by the respondents No. 2 to 4 before the Collector against the order of the assistant Collector cancelling the entry. However, ultimately on 19/9/1991, the collecto







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