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2011 Supreme(Guj) 455

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
RAMESHBHAI AMBALAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
S. N. Shelat, Sr. Counsel for P. R. Thakkar, for Appellant Nos. 1, 1.2.1, 1.2.2 and 1.2.3.
Ms. Manisha Lavkumar Shah, A.G.P., for Respondent No. 1.
N. D. Nanavati, Sr. Counsel for B. C. Dave, for Respondent No.2.

JUDGMENT

J. B. PARDIWALA, J. In this appeal, the appellants-original respondent Nos. 2/1 to 2/3 seek to challenge the judgment anti order dated 8-3-2011 passed by the learned Single Judge in Special Civil Application No. 13099 of 1994 whereby, the learned Single Judge allowed the petition preferred by the respondent No.2 herein by quashing and setting aside order dated 19-8-1994 passed by the Gujarat Revenue Tribunal, Ahmedabad, order dated 31-1-1990 passed in appeal by the Deputy Collector, Land Revenue (Appeal), Gandhinagar and order dated 3-12-1985 passed by the Mamlatdar and A.L.T., Gandhinagar.

2. Facts relevant for the purpose of deciding this appeal can be summarized as under :

2.1. Land bearing Survey Nos. 73/1 and 73/2 of village Bhat, District : Gandhinagar was purchased by respondent No.2 herein from the appellants herein by a registered sale-deed dated 6-5-1970. Revenue entries in this regard were mutated in the record of rights and certified by the revenue authorities on 28-10-1972. On the premise that respondent No. 1 herein original petitioner is not an agriculturist, as he owns land in Rajasthan and not in the State of Gujarat, the transaction of 1970 was taken up in s






































































































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