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2015 Supreme(Guj) 997

N.V.ANJARIA
Hemant Kantibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : S.A. Chhabaria
For the Respondents: Pranav Trivedi, A.G.P.

JUDGMENT :

N.V. Anjaria, J.

1. By invoking writ jurisdiction of this Court under Art. 226 and further invoking aid of Arts. 14 and 300A of the Constitution, the petitioner has prayed for a writ of certiorari seeking a direction to set aside the registration of the sale-deed dated 1-2-2014, registered on 16-12-2014. It is further prayed to set aside the mutation entry dated 8-1-2015 effected by the Mamlatdar-respondent No. 3 on the basis of the said sale-deed. The outlining of facts is always relevant, more so in the present case. Gathered from the pleadings and material on record, they are as under:

2. It is the case of the petitioner that he resides in United Kingdom. His three sisters also reside in the same country. They are the co-owners of the immovable property described as Survey No. 22/2, block No. 68, admeasuring 6779 sq.mtrs. situated at Village Bharthana Vesu Taluka Majura District Surat. The said property along with other parcel of land was originally owned by Bhikhabhai Morarbhai Patel grand-father of the petitioner, who in the year 1931 assigned his all properties including the aforementioned land to his legal heir one Ratanji Bhikhaji and said Ratanji Bhikhaji executing





























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