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2012 Supreme(Guj) 398

RAVI R.TRIPATHI, PARESH UPADHYAY
DASHRATHLAL M. PATEL HEIRS & L. R. of MAGANBHAI JOITARAM – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR.S.B.VAKIL with MR.K.V.SHELAT for Appellants
MR.L.R.PUJARI Assistant Government Pleader for Respondents: 1 & 4
MR.A.J.PATEL for Respondents: 2 & 3
MR.PERCY KAVINA with MR.VIRAL K.SHAH for Respondents: 5 to 7
LPA No. 1065/2007
MR.MIHIR J.THAKOR with MR.MANAV MEHTA for Appellants
MR.S.P.MAJMUDAR for respondents:1 to 7 None for Respondents: 8 to 12
MR.L.R.PUJARI Assistant Government Pleader for respondents: 13 & 14
MR.A.J.PATEL for respondents No. 15 & 16 MR.PERCY KAVINA with MR. VIRAL
K.SHAH for respondents: 17 to 19

JUDGMENT

PARESH UPADHYAY, J.

1.1 These appeals, under Clause 15 of the Letters Patent, are directed against the common judgment and order passed by learned Single Judge dated 23.8.2006 in Special Civil Applications No. 3134/2001 and 13380/2006, whereby, both the petitions are dismissed with costs. Learned Single Judge, while dismissing the petitions, which were filed invoking Article 226 of the Constitution, has also observed that both the petitions were filed with a view to extract undue benefits by abusing the process of law. The present appellants are original petitioners.

1.2 Before learned Single Judge, challenge was made to the order passed by the Government dated 7.12.2000, whereby the sale of land, made by the appellants of LPA No: 1875/2007, in the year 1981 is held to be legal and valid. It is pertinent to note that it is the sellers of the land, who are challenging the order of the Government, whereby, the sale-deed dated 6.7.1981, jointly executed by them and their father (since deceased), is held to be legal and valid.

1.3 It is required to be noted that the land in question is more than 60,000 sq.mtrs. It is on the outskirts of Ahmedabad City and now within the limits of






















































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