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2006 Supreme(Guj) 181

D.N.PATEL
RAVICHAND MANEKCHAND SHETH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: JAYRAJ CHAUHAN, JITENDRA M.PATEL, TRILOK J.PATEL

D. N. PATEL, J.

( 1 ) THIS petition has been preferred against the order dated 10th July, 1993 passed by the Assistant Collector, Morbi in Revision Case No. 23 of 1992 as well as against the order dated 29th April, 1994/13th May, 1994 passed by the Collector, Rajkot in Land Appeal No. 19 of 1993, whereby the order passed by the Assistant Collector, Morbi was confirmed and the order passed in Revision Application No. SRD/hkp/rjt/11 of 1994 by the Secretary, revenue Department, State of Gujarat on 25th October/november, 1994 whereby the orders passed by Assistant Collector and that of Collector were upheld and it was held that mutation Entry No. 2605 is removed as the sale transaction was violative of Sec. 54 of the Saurashtra Gharkhed Tenancy Settlement and agricultural Lands Ordinance, 1949 (hereinafter refereed to as "the Ordinance, 1949") as there was transfer of agricultural land to the non-agriculturist.

( 2 ) LEARNED Advocate for the petitioners submitted that the order passed by the authorities below are de hors the facts and law. True facts have not been appreciated by the authorities below. It is vehemetally submitted by the learned advocate for the petitioners that the pet








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