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2016 Supreme(Guj) 756

ABHILASHA KUMARI
Mustufakhan R. Pathan – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :I.H. Syed for Y.H. Motiramani, Advocate
For the Respondents: Asmita Patel, Asst. Government Pleader

JUDGMENT :

Abhilasha Kumari, J.

1. The present petition has been filed under Articles-226 and 227 of the Constitution of India, inter-alia, with a prayer to quash and set aside the order dated 07.08.1991/11.10.1991, passed by the Principal Secretary, Revenue Department, (Respondent No. 1), in Revision Application No. SSRD/AMD-REV-4-91, in exercise of power under Section-211 of the Bombay Land Revenue Code, 1879 ("the Code", for short), whereby the order dated 21.12.1984, passed by the Special Recovery Officer, has been set aside.

2. A brief factual background of the case would be necessary in order to understand the issues involved in the petition.

2.1 Land bearing Block/Survey No. 41, admeasuring 36-Acres 25-Gunthas, situated at village Miroli, Taluka Dascroi, District Ahmedabad (the land in question) belonged to respondents Nos. 2 and 5, who were heavily indebted to respondents Nos. 7 and 8-Cooperative Societies. Proceedings were initiated against respondents Nos. 2 to 5 under the Gujarat Co-operative Societies Act, 1961 ("the Act", for short), decrees were passed and certificates were issued by the Registrar of Cooperative Societies under Section-106of the Act, in the years 1979 and
































































































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