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2016 Supreme(Guj) 909

B.M.TRIVEDI
Valjibhai Karamsibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Shalin Mehta, Senior Advocate and Vimal A. Purohit, Advocate
For the Respondents: Jyotiben Bhatt, A.G.P.

JUDGMENT :

B.M. Trivedi, J.

1. The present petition has been filed by the petitioners challenging the order dated 10/12.12.1995 passed by the respondent No. 2, and the order dated 21/25.02.2013 passed by the respondent No. 1.

2. The short facts are that the petitioners had purchased the agricultural land bearing Block No. 273 in the sim of village Kareli from the respondents Nos. 3 and 4 by registered sale deed dated 23.11.1987. Pursuant to the said sale transaction, an entry was mutated in the revenue record being entry No. 1978 in favour of the petitioners. The said entry was also certified by the Mamlatdar vide order dated 30.01.1988. It appears that thereafter the Mamlatdar had initiated the proceedings under Section84(C) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act') by issuing the notice to the petitioners. The said notice came to be challenged by the petitioners by filing Special Civil Application No. 10967 of 1994 before the High Court. However, the said petition was dismissed on the ground of being pre-mature. As per the case of the petitioners, in the meantime the Section 2(6) of the Tenancy Act came to be deleted, and t







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