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2016 Supreme(Guj) 445

M.R.SHAH
State of Gujarat – Appellant
Versus
Ramanbhai Vithalbhai Patel – Respondent


Advocates Appeared:
For the Appellants : Manisha Lavkumar, Government Pleader
For the Respondents:D.K. Puj, Advocate

JUDGMENT :

M.R. Shah, J.

1. Present application has been preferred by the applicants herein - original respondents of Special Civil Application No. 7892 of 1988 requesting to recall and review order passed by this Court in Special Civil Application No. 7892 of 1988 by which, this Court disposed of the aforesaid Special Civil Application preferred by the respondents herein - original owners as having been abated in view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as "the Repeal Act" for short), however, reserving liberty in favour of the applicants herein - State to move appropriate application for review and recall the said order, in case it is found by the appropriate authority that the possession of the land in question was already taken over by the State Government prior to 1999,

2. At the outset, it is required to be noted that main Special Civil Application No. 7892 of 1988 was preferred by the original land owners namely Jayantibhai Ramanbhai Patel and others whose land were declared as excess vacant land under the provisions of the Gujarat Land Ceiling Act.

2.1. That the aforesaid Special Civil Application was preferred by the original la























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