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2006 Supreme(Guj) 505

JAYANT PATEL
DASHRATHLAL M PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.J.PATEL, FALGUNI PATEL, K.V.SHELAT

( 1 ) SPECIAL Civil Application No. 3134 of 2001 when came up for final hearing, since Special Civil Application No. 13380 of 2006 was also arising on the same subject matter, both are heard finally by this Court.

( 2 ) THE short facts are as under: the petitioners of Special Civil Application No. 3134 of 2001 (hereinafter referred to as "the original owner/seller" for the sake of convenience) were holding the agricultural land at village Shela, Taluka Sanand, Dist. Ahmedabad. It appears that all the lands held by Joitaram Patel was given one block and the total block comprised of 78,914 sq. mtrs. out of the total area of the block. It appears that the land ad-measuring 18,004 sq. mtrs. was sold by the seller to one Ibrahimbhai vide Registered Sale Deed dated 10. 04. 1980. No permission was obtained of the authority under the Bombay Prevention of Fragmentation Act,1947 (hereinafter referred to as the Act ). Thereafter, on 06. 07. 1981, the remaining land admeasuring 60910 sq. mtrs. was sold by Registered Sale Deed on 06. 07. 1981 by the seller to respondent Nos. 1 and 3 of Special Civil Application 3134 of 2001 (hereinafter referred as the purchaser of the land in question ). Even




































































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