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2011 Supreme(Guj) 315

SUDHANSU JYOTI MUKHOPADHAYA, K.M.THAKER
BHANJI DEVSHIBHAI LUHAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
Nehal R. Joshi, for the Appellant.
Ms. Krina Calla, A.G.P., for Respondent Nos. 1 to 3.
None for Respondent NO.4.

JUDGMENT

K. M. THAKER, J.

Present appeal under Clause 15 of the Letters Patent is directed against the order dated 17-11-2009 passed by the learned Single Judge dismissing the writ petition filed by present appellant against the order dated 27-3-2009 passed by the Revisional Authority in Revision Application No. 42 of 2005. By the said order dated 27-3-2009, the Revisional

Authority confirmed the order dated 6-8-2001 passed by the Collector, Surendranagar in Appeal No. 68 of 1999, by which the Collector had confirmed the order dated 2-2-2000 passed by the Deputy Collector. By the impugned orders the sale and consequent transfer of land in question in favour of the appellant is held to be in breach of Sec. 54 of Saurashtra Gharkhed Tenancy Settlement and Agricultural Land Ordinance, 1949 ("Ordinance" for short) and the authority has directed in exercise of power under Sec.75 of the Ordinance, to evict the appellant from the land in question. The petition against the said orders is also dismissed by the learned Single Judge.

2. The facts involved in and relevant for the purpose of present appeal are as follows :

2.1. One Shrimati Monghiben Motibhai Koli owned a parcel of land bearing Su

























































































































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