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2015 Supreme(Guj) 244

K.S.JHAVERI, ABDULLAH GULAMAHMED URAIZEE
Dilavarsinh Khodubha – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Respondents/Defendant:Prakash Jani, Addl. Advocate General and Bharat Vyas, Asst. Government Pleader

JUDGMENT

K.S. Jhaveri, J.

1. This Letters Patent Appeal, originally, was filed against the judgment and order dated 28.04.1994 passed by the learned single Judge in the captioned writ petition. The coordinate Bench of this Court disposed of this Letters Patent Appeal vide judgment and order dated 17.06.2008 whereby, the judgment and order dated 28.04.1994 passed by the learned single Judge was quashed and set aside and the matter was remitted to the competent authority for appropriate decision on the request of the appellant-petitioner for exemption u/s. 20 of the Urban Land Ceiling Act, 1976 (for short, "the Act"). The State Government preferred Appeals being Civil Appeals No. 3593-3594 of 2012 before the Apex Court. The Apex Court partly allowed both the appeals, vide judgment and order dated 17.04.2012 whereby, for consideration of only one point, which shall be discussed elaborately at a later stage, the matter was remitted to this Court. Hence, this Letters Patent Appeal is taken up for consideration in light of the judgment and order dated 17.04.2012 passed by the Apex Court.

2. The facts in a nutshell are as under;

"The original petitioner was holding certain properties within t






































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