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2011 Supreme(Guj) 237

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
PAGI AATAJI KACHARAJI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
Mihir Thakore, Sr. Advocate assisted by Aspi M. Kapadia, for the Appellant..
P. K. Jani, Government Pleader, for the Respondents.

JUDGMENT

J. B. PARDIWALA, J. All these appeals arise out of a common judgment and order dated 22nd August, 2008 passed by the learned Single Judge in a group of petitions being Special Civil Application No. 2952 of 2008 and cognate matters. By the ~aid judgment, the learned Single Judge dismissed all the writ petitions.

2. The brief facts relevant for the purpose of deciding the appeals can be summarised as under :

3. The challenge before the learned Single Judge was to an order dated 7-12-2007 passed by the Principal Secretary (Appeals), Revenue Department, Government of Gujarat by which the revenue authority was pleased to exercise suo motu powers and interfered with the orders passed by the Collector and Deputy Collector. The Secretary was pleased to remand the proceedings to the Deputy Collector, Viramgam for fresh consideration of the issues arising after restoring certain entries which were mutated in the revenue records.

4. Deputy Collector, Viramgam passed an order dated 6th November, 1952 under the Bombay Service Inam (Useful to Community) Abolition Act, 1953 with respect to 31 Survey Numbers of certain parcels of land of village Sola, Taluka Dascroi. Pursuant to such order, E


















































































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