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2012 Supreme(Guj) 497

R.M.CHHAYA
GANSHYAMBHAI BHIKHABHAI MISTRY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
Mr. BHARAT T. RAO for Petitioner(s): 1,
MS. NISHA M. THAKORE, AGP for Respondent(s): 1 – 2,
Mr. MAULIK BHATT for Respondent(s): 3,

JUDGMENT

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“(A) To admit and allow this petition.

(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to pass order restoring the land of survey no.496 of village Gotri, Taluka and District Vadodara admeasuring 1755 sq. mtrs. in favour of the petitioner in view of the provisions of Sec.3(2)(b) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 especially in view of the NOC issued by the respondent No.3 for the reasons stated in the Memo of Petition and in the interest of justice and fairness of things.

(C) Pending admission, hearing and final disposal of the above Special Civil Application to restrain the respondents, their servants and agents from allotting the land bearing survey No. 496 admeasuring 1755 sq. mtrs. of village Gotri, Taluka and District Vadodara to anyone else except the petitioner.

(D) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(E) To award the cost of thi








































































































































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