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2015 Supreme(Guj) 1029

K.S.JHAVERI, A.G.URAIZEE
KAMUBEN NATHUBHAI KATARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR. R.S. SANJANWALA, ADVOCATE for the Appellants No. 1
GOVERNMENT PLEADER for the Respondents No. 1
RULE SERVED for the Respondents No. 2

JUDGMENT :

K.S. JHAVERI, J.

1. By way of this appeal, the appellant has challenged the order passed by the learned Single Judge in Special Civil Application No. 19523 of 2007 on 6/8/2007, whereby the learned Single Judge has dismissed the petition with costs of Rs. 2500/on the ground of suppression of material facts.

2. Brief facts of the present appeal are that the petitioner was granted the land bearing Survey No. 39 of village Shamlaji admeasuring 8 acres by order dated 24/1/1992. Prior thereto, the State Government made full inquiry on 10.2.1988 and obtained reports and Collector. On 15.2.1989, the Government passed a Resolution giving benefit of granting land for maintenance for those families which did not have sufficient means to maintain themselves in the nature of maintenance grant. As stated above, on 24.1.1992, the appellant was given grant of the land bearing survey No. 39 of village Shamlaji admeasuring about 8 Acres by order of grant passed by the Collector, Himatnagar. The Collector had given such a grant after fully considering all the aspects of the matter and had specifically provided in the order that the said land is given to the appellant for personal cultivation






































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