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2012 Supreme(Guj) 2

V.M.SAHAI, A.J.DESAI
Sunderlal Bhanabhai Bhagat – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. S.P. Majmudar and Mr. Vimal A. Purohit, for the Appellants.
Mr. N.J. Shah, AGP for the Respondents Nos. 1 and 2..
Mr. Amit. V. Thakkar, for the Respondent No. 4.
Mr. R.S. Sanjanwala Sr. Advocate with Mr. Dilip Kanojiya for the Respondent Nos. 5 & 6.

Judgment

V.M. Sahai, J.—Heard learned Advocate Mr. S. P. Majmudar for the appellants, learned AGP Mr. N.J. Shah for Respondent Nos. 1 and 2 and Mr. R.S. Sanjanwala, learned Senior Advocate with Mr. Dilip Kanojiya, learned Advocate for Respondent Nos. 5 and 6.

2. The present appeal has been filed challenging the order dated 11.10.2010 passed by the learned Single Judge in Special Civil Application No. 13406 of 2010, by which the learned Single Judge has confirmed the order dated 20.7.2007 passed by the Secretary, Revenue Department, in Revision Application No. 4 of 2006, affirming the order dated 18.9.2003 passed by the Deputy Collector in Tenancy Case No. 23 of 2002.

3. Mr. Majmudar, learned Counsel for the appellants has vehemently urged that by sale deed dated 26.12.1990 the appellants had sold fragmentation of land in favour of the Respondent Nos. 3 and 4, which was not permissible in law and, therefore, the said sale deed was void. It is further submitted that the sale deed executed by him in favour of the said respondents was illegal and void and, therefore, the same was liable to be set aside, but, the Secretary, Revenue Department has illegally dismissed the Revision on the gr













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