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2017 Supreme(Guj) 800

ABHILASHA KUMARI
Chaital Rashmikant Bhatt – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Tattvam K. Patel and P.R. Thakkar, Advocates
For the Respondent: Amita Shah, Asst. Government Pleader

JUDGMENT :

Abhilasha Kumari, J.

1. Rule. Ms. Amita Shah, learned Assistant Government Pleader waives service of notices of Rule for respondents Nos. 1 to 3. Mr. Devang J. Joshi, learned advocate waives service of notices of Rule for respondents Nos. 4 to 8. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

2. The challenge in this petition under Articles-226 and 227 of the Constitution of India is to the order dated 31.07.2015, passed by the first respondent-Secretary (Appeals), Revenue Department in Revision Application No. 121/2013, as well as to the order dated 28.10.2013, passed by the second respondent-Collector, District Anand, in RTS suo motu No. 247/2011, whereby revenue entry No. 2396 in respect of the registered Sale Deed executed by respondents Nos. 4 to 8 in favour of the petitioners has been cancelled on the ground that the petitioners do not hold the status of agriculturists.

3. Briefly stated, the relevant facts of the case are as follows :

3.1 Petitioner No. 2 is the father of petitioner No. 1. The deceased father of petitioner No. 2, namely, Shri Jayashan






































































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