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2013 Supreme(Guj) 218

RAVI R.TRIPATHI
GHANCHI BHAICHANDBHAI NALABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR. MEHUL H. RATHOD, ADVOCATE for the Petitioner(s) No. 1.
Mr. UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1-3.
RULE SERVED BY D.S. for the Respondent(s) No. 2-7.

JUDGMENT :

The petitioner is before this Court being aggrieved by an order passed by the Deputy Secretary (Appeals) in SRD /JMN/BNS/ 18/ 97 (DASU) dated 02.03.2000, whereby the Deputy Secretary (Appeals) was pleased to reject the Revision Application filed by the applicant-petitioner herein and confirmed the order passed by the Collector, Banaskantha dated 10th October 1996 in Appeal No./JMN/4/ APPEAL/ 39/ 94.

1.1 The Collector, Banaskantha was pleased to confirm the order passed by the Deputy Secretary, Palanpur dated 20th December 1993, whereby the Deputy Collector, Palanpur was pleased to order cessation of all the rights of respondent no.1 in Sharat Bhang Case No.15 of 1993 and ordered that the land bearing Survey No.161 of Moje Juna Deesa, Taluka Deesa, admeasuring 1 acre, 28 gunthas shall vest in Government without any encumbrance.

2. The facts of the case are that the present petitioner had purchased the aforesaid land (land bearing Survey No.161), Moje Juna Deesa (1 acre, 28 gunthas) from one Sipai Rasulkhan Sahebkhan and others, which was in the name of respondent no.1 as original owners. The land was of “Pasaita Chakariyat Inami Satta Prakar”. The land was new tenure land































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