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2012 Supreme(Guj) 525

BHASKAR BHATTACHARYA, J.B.PARDIWALA
CHANDULAL GORDHANDAS RANODRIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
Sanjay D. Suthar, for Appellant Nos. 1 to 3.
Mrs. Krina Calla, A.G.P., for Respondent Nos. 1 to 4.

JUDGMENT

J. B. PARDIWALA, J. This appeal under Clause 15 of the Letters Patent is at the instance of unsuccessful writ petitioners of a writ application under Art. 226 of the Constitution of India and is directed against an order passed by the learned Single Judge dated December 8, 2011, by which His Lordship rejected the writ application holding that the concept of exercise of powers within a reasonable period of time under Sec. 84C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act'), would not be applicable to a case in which the land in question is a new tenure land as explained under Sec. 43 of the Act and Art. 226 of the Constitution of India being a discretionary remedy was not useful to the writ petitioners.

2. The facts shortly stated be thus :

2.1. The writ petitioners had purchased the land bearing Block No. 540 situated at Mauje Masma, Taluka Olpad, District Surat, which is the subject-matter of this appeal, by a registered sale deed dated October 6, 2005 from one Shri Mahendrabhai Prajapati. Shri Mahendrabhai Prajapati had purchased the said land from one Urvashiben Hirenkumar Jariwala and Naliniben Hemantkumar Lalwala on June 9, 2

































































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