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2011 Supreme(Guj) 510

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
SHAMBHURAM VIDESHIRAM MORYA – Appellant
Versus
STATE OF GUJARAT THROUGH SECRETARY – Respondent


Advocates appeared:
MS SONAL D. VYAS for Appellant
MRS KRINA CALLA, AGP for Respondent(s): 1 - 3.

JUDGMENT

(Per : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

This Appeal arises from the judgment and order dated 7th October 2010 passed by the learned Single Judge in Special Civil Application No.13046 of 2010, whereby the learned Single Judge rejected the writ petition, confirming the order dated 17th July 2010 passed by the Secretary (Appeals), Revenue Department, Ahmedabad, arising from the order of the Collector, Bharuch dated 4th December 2008.

2. Facts relevant for the purpose of deciding this Appeal can be summarised as under :

1. The appellant herein purchased a parcel of agricultural land bearing Block No.565 situated at village Shuklatirth, Taluka and District Bharuch jointly with one Shri Babubhai Keshram Morya by way of a registered sale deed on 8th June 1993 after payment of premium and permission from the Deputy Collector, Bharuch.

2. It appears that an entry bearing No.5650 was mutated in the record of rights in the village form nos.6 and 7/12 on 23rd June 1993. The appellant and the co-owner Babubhai are cultivating the said land and are in possession of the said land. One another entry was also mutated in the record of rights in the names of the appellant and the co-owne























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