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2011 Supreme(Guj) 380

M.D.SHAH
Dahiben WD/o. Shanaji Babuji – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Y.N. Oza, Sr. Adv. with Mr. Rajesh K. Savjani, for Petitioners No. 1 – 9 in all Petitions
Mr. L.R. Pujari, AGP for the Respondents No. 1 – 2 in all the Petitions.
Cases Referred :
State of Himachal Pradesh vs. Keshav Ram and Others, AIR 1997 SC 2181.

Judgment

M.D. Shah, J.—All these petitions involved determination of common questions of facts and law. They have been argued together by the learned counsel for the parties. Therefore, this Court proposes to dispose of all the petitions by this common judgment treating Special Civil Application No. 5788 of 1999 as the lead case.

2. Before deciding the issues involved in the petitions, it may be relevant to notice the facts of Special Civil Application No. 5788 of 1999 as emerging from the record.

3. The petitioner Nos. 1 to 8 are claimed to be linear descendants of one common ancestor namely, Kala Pana, who, according to them, was owner of land bearing Survey No. 204/2 of Village Ranip, Taluka and City Ahmedabad. Petitioner-Vijay Bhikhaji claimed to be power of attorney holders of one Shri Prabhudas Karsandas Mistry. It may be mentioned that the petitioner Nos. 1 to 8 as power of attorney holder of Shri Prabhudas Karsandas Mistry moved an application on 10th February, 1999 to the City Deputy Collector, Gheekantha, Ahmedabad, making a grievance that the land in question was wrongly recorded as new tenure land in the note of Village Form 7x12 and, therefore, the said entry should be tr




































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