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2015 Supreme(Guj) 1038

C.L.SONI
MCCAIN FOODS INDIA PVT LTD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Petitioner:MR. K.S. NANAVATI, SR. ADVOCATE and NANAVATI ASSOCIATES, ADVOCATE.
For the Respondent: MR. JANAK RAVAL, ASSTT GOVT PLEADER.

JUDGMENT :

C.L. SONI, J.

1. Draft Amendment is granted. To be carried out forthwith.

2. Additional Affidavit-in-Reply of the respondent No.3 tendered by learned Assistant Government Pleader Mr. Raval is taken on record.

3. With consent of the learned advocates for the parties, the matter is taken up for final hearing and disposal. Hence, RULE. Learned Assistant Government Pleader Mr. Raval waives service of Rule for the respondents.

4. By the present petition filed under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 9.11.2011 and 6.8.2014 passed by the respondent No.2 and respondent No.3 respectively.

5. By the order dated 9.11.2011, respondent No.2 Collector ordered to file the application preferred by the petitioner under Section 63-AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 (‘the Act’) on the ground that the land bearing Survey No.377 of village Baliyasan, District Mehsana, was entered in the revenue record as Block as per Block Consolidation Scheme, and such block of the land is divided without permission of the competent authority, which amounted to breach of provisions of Section 31 of the Prevention of Fragmentation Act











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