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2007 Supreme(Guj) 186

R.S.GARG, D.H.WAGHELA
HARENDRRAKUMAR NATWARSINHJI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: HARIN P.RAVAL, L.R.PUJARI

D. H. WAGHELA, J.

( 1 ) THE applicant has, through his Power of Attorney, made this application with a prayer to review and/or recall the judgement and order dated 3rd November, 2006 rendered in Special Civil Application No. 4351 of 1990, and pending admission and hearing, restrain the respondents from taking possession of the property of Natwar Palace Complex and stay further proceedings of Land Ceiling Case No. 25 of 1976.

( 2 ) THE short order sought to be reviewed reads as under:

"after arguing the matter at some length, learned Counsel for the petitioner fairly conceded that the issues sought to be raised and the challenges sought to be levelled in the petition or by way of proposed amendment which was rejected were squarely covered by the Division Bench of this Court in Special Civil Application No. 1290 of 1983 in the case of Khachar Godabhai Pithubhai and Ors. v. The State of Gujarat, reported in 2004 (2) GLH 589, and no ground was made out to take a different view. Therefore, the petition was required to be dismissed in terms of the ratio of the aforesaid judgement. Accordingly, the petition is dismissed, Rule is discharged and interim relief is vacated with no order as to


















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