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2016 Supreme(Guj) 968

R.M.CHHAYA
Maganbhai Karsanbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Jitendra M. Patel, Advocate.
For the Respondent: Shirish Gohil, A.G.P.

JUDGMENT :

R.M. Chhaya, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 28.04.2000 passed by the Gujarat Revenue Tribunal (hereinafter referred to as "the Tribunal" for short) in Appeal No. TEN/A.A. 48 of 1998 confirming the order dated 23.05.1985 passed by Collector, Vadodara.

2. The following facts emerge from the record of the petition:-

2.1. That the father of the petitioner viz. Deceased Maganbhai Karsanbhai Patel purchased the land in question bearing Revenue Survey No. 13, admeasuring 3 Acres and 25 Gunthas, situated at village Manjalpur, Taluka and District Vadodara, by registered Sale-Deed being Sr. No. 1473 dated 15.07.1958 from its original owner viz. Shivajirao Apajirao More and father of the petitioner remained in possession of the land in question and thereafter, the petitioner is in possession of the same.

2.2 Record further indicates that even though no one raised any dispute about the title of the land in question and even though no claim was made by anybody, City Survey Officer, Vadodara initiated inquiry under Section 37(2) of the Bombay Land Revenue Code (hereinafter referred to as "the Code"















































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