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2016 Supreme(Guj) 106

JAYANT PATEL, VIPUL M.PANCHOLI
Jayaben Ishwarji Rathod – Appellant
Versus
Secretary – Respondent


JUDGMENT :

JAYANT PATEL, J.

1. The present appeal is directed against the order dated 06.10.2015 passed by learned single Judge of this Court in Special Civil Application No. 13583 of 2015, whereby the learned single Judge, for the reasons recorded in the order, has dismissed the petition.

2. We have heard Mr. Parikh, learned counsel appearing for the appellant.

3. The contention raised on behalf of the appellant was that the Government has passed the resolution dated 06.06.2003 whereby the land could be allotted for the business purpose by the Government. The application of the petitioner came to be rejected on the ground that the water stream was passing over the land, whereas such was not the fact situation as per the report of the District Inspector of Land Record. Therefore, the decision for rejection of the application was bad in law. Revision was preferred before the higher authority, which also came to be rejected and therefore this Court ought to have considered the said aspect. He was candid in submitting that the Government Resolution of 2003 was not pressed in service in the application made to the Collector nor before the Revisional Authority but before the learned single




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