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2011 Supreme(Guj) 222

M.R.SHAH
Jiviben Hansrajbhai Patel WD/o Hansrajbhai Devjibhai Patel – Appellant
Versus
State of Gujarat - Through Secretary – Respondent


Advocates:
Appearance :
Mr. M.K. Vakharia, for the Petitioners No. 1 - 5.
Mr. Dave, AGP, for the Respondent No. 1.
Notice Served by DS, for the Respondents No. 1 - 2, 4 - 6.
Mr. J.R. Nanavati, for the Respondent No. 3.
Viral K. Shah, for the Respondent No. 6.

Judgment

M.R. Shah J.—By way of Special Civil Application No. 16550 of 2010, the respective petitioners of that Special Civil Application i.e. Jiviben Hansrajbhai Patel and others have prayed for the following relief:

A. That this Hon’ble Court be pleased to issue writ of mandamus, writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents, their agents and servants to demarcate the final plot which is allotted to the petitioners and handover vacant and peaceful possession of the same to the petitioners;

B. That this Hon’ble Court be pleased to issue writ of mandamus, writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents, their agents and servants to add 1 Acre and 10 Gunthas of land which is in the co-ownership property of the petitioners and respondent No. 4 and 5, as per the revenue entry No. 4138 and 4139, as mutated in Village Form No. 6 on 8.6.1976 and village Form No. 8-A in pursuance to the Kami Jasti Patrak of 25.2.1949;

2. Shri B.B. Naik, learned Senior Advocate appearing on behalf of the petitioners does not press the prayer in terms of Para 27 (b) and seeks permission to w


















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