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2012 Supreme(Guj) 125

ABHILASHA KUMARI
YUNUS IBRAHIM ADAM PATEL – Appellant
Versus
SPECIAL SECRETARY REVENUE DEPT. – Respondent


Advocates appeared:
MR. DEVANG S. NANAVATI FOR MR HEMANT K MAKWANA for Petitioner
MS. NISHA M THAKORE, ASSTT. GOVERNMENT PLEADER for Respondents:1,6-9.
NOTICE SERVED BY DS for Respondent(s): 1,5 - 10.
MR. KASHYAP R JOSHI for Respondent(s): 2 - 4.

JUDGMENT

1. Rule. Ms.Nisha M.Thakore, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos.1, 6 to 10. Mr.Kashyap R.Joshi, learned advocate, waives service of notice of Rule for respondents Nos.2 to 4. Respondent No.5 has been served but has not put in an appearance, therefore it is not considered necessary to issue notice of Rule to the said respondent. In view of the fact that it is the order of the Additional Secretary (Appeals) that is under challenge, the said respondent would not have much of a role to play in the petition.

2. By filing this petition under Article 226 of the Constitution of India, the petitioner has prayed for the issuance of a Writ of Certiorari or any other Writ, order or direction, to quash and set aside the communication/ order dated 06.08.2011 of the Special Secretary (Appeals), Revenue Department, on the grounds stated in the petition.

3. The brief facts of the case relevant for the decision of the petition are that Mutation Entry No.3796 dated 10.11.1999, pertaining to revenue records of village Kantharia, District: Bharuch, reflecting family partition of various parcels of land between families of the heirs of Wali





























































































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