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2006 Supreme(Guj) 577

JAYANT PATEL
TINABHAI LAKHMANBHAI HARIJAN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: ANMOL SHARON, B.M.MANGUKIYA, Bhushan B.Oza

( 1 ) THE petitioners of Special Civil Application No. 6937 of 1999 have approached this Hon ble Court for the appropriate writ to quash and set aside the Notice (Annexure-A) dated 06. 09. 1999, issued by Sola Gram Panchayat for removal of the encroachment made by the petitioners by constructing huts.

( 2 ) THE petitioners of Special Civil Application No. 19260 of 2006 and others have preferred the petitions for challenging the notice dated 14. 08. 2006, issued by respondent No. 2 for removal of the encroachment made over the land, which is reserved for garden.

( 3 ) THE learned counsel appearing for the petitioners Ms. Shah on 08. 09. 2006 had submitted that similar matter is also pending before this Court being Special Civil Application 6937 of 1999 and therefore, this Court on 08. 09. 2006 had passed the order directing Special Civil Application No. 6937 of 1999 also to be listed on 11. 09. 2006, i. e. today and accordingly, all the matters are listed today.

( 4 ) THE contention raised on behalf of the petitioners in Special Civil Application No. 6937 of 1999 is that the land is under the control of the Panchyat and the principle as laid down by the Hon ble Supreme Court in case











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