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2007 Supreme(Guj) 668

R.M.DOSHIT
State of Gujarat – Appellant
Versus
Amrutlal Hansrajbhai – Respondent


Advocates:
Appearance :
Mr. Kamal Trivedi, Adv. General with Ms. Sangeeta Vishen, AGP for the Petitioners No. 1, 1.2.1.
Mr. U.A. Trivedi for Mr. R. R. Trivedi, for the Respondents No. 1-3.
Served, Respondent No. 4.

Judgment

R.M. Doshit, J.—The petitioners, State of Gujarat and the Collector, Rajkoat have preferred the present petition under Article 226 of the Constitution of India against the judgment and order dated 17.02.1995 made by the Gujarat Revenue Tribunal (hereinafter referred to as, “the Tribunal”) in Revision Application No. TEN. B.R. 49/1992. The subject-matter of dispute is the transfer of land bearing Survey No.556 admeasuring 15-Acres-11-Gunthas situated at village Thanagalol, Taluka Jetpur, District Rajkot made in favour of the respondents herein. According to the State Government, the said transfer was made in contravention of the provisions of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (hereinafter referred to as, “the Ordinance”).

2. On 6.03.1986, by two different registered sale deeds the respondents purchased the aforesaid land Survey No.556 admeasuring 15-Acres-11-Gunthas from the owners of the land one Santokben Vashram and others. Pursuant to the said transfer the revenue entries nos.1787 and 1788 came to be made in the village form no.6 on 21.4.1986 by the Talati-cum-Mantri, Thanagalol. The concerned Circle Officer, by endorsement





























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