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2010 Supreme(Guj) 125

D.H.WAGHELA
SUNDERDAS VITHALADAS TEKWANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR. NAVIN PAHWA for M/S THAKKAR ASSOC. for Petitioners: 1 - 20.
MR. ANAND B. GOGIA for Petitioners: 1 - 20.
MR. B.B. GOGIA for Petitioners: 1 - 20.
MR. P.K. JANI GOVERNMENT PLEADER with MR. N.J. SHAH AGP for Respondent: 1
None for Respondent(s): 2 - 6.

JUDGMENT

1. By way of the first petition, i.e. Special Civil Application No.2959 of 2010, 20 petitioners have sought to challenge the order dated 26.12.2008 of Secretary (Appeals) of Revenue Department of the State Government and the order dated 10.12.2003 of Collector, Surat which is confirmed by the afore-mentioned order of the Secretary. The impugned order of the Secretary was made in Revision under section 211 of the Bombay Land Revenue Code (for short, “the BLR Code”) and the petitioners herein were the applicants before the Secretary.

2. The relevant facts in brief are that land admeasuring 2.7 hectres 40 sq. mtrs. falling in survey No.89/1 of Alathan, Tal. Chaurasiya, District Surat was auctioned on 18.5.1981 by Special Recovery Officer under the Co-operative Societies Act, even as the land was covered by the provisions of the Urban Land Ceiling Act and no permission thereunder was obtained. Taking it to be an attempt at defeating the provisions of the Land Ceiling Act, the matter was taken into suo moto revision by the Collector, Surat and the auction was cancelled by order dated 30.9.1989. The buyer of that land, namely, Ravidarshan Co-operative Housing Society, filed a rev






















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