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2017 Supreme(Guj) 527

K.M.THAKER
Mohanbhai Bhagabhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Dhirendra Mehta, Advocate
For the Respondent: Manan Mehta, A.G.P.

JUDGMENT :

K.M. Thaker, J.

1. Heard Mr. Dhirendra Mehta, learned advocate for the petitioners and Mr. Manan Mehta, learned AGP for Respondent Nos. 1 and 2 and Mr. Manan Shah, learned advocate for Respondent No. 4.

2. In this petition, the petitioners have prayed, inter alia, that:

"12(B) to quash and set aside the impugned order dated 25.09.2001 passed by the learned Secretary (Appeals), Revenue Department, Gujarat State-respondent No. 1 in Revision Application No. SRD/HKP/ST/32/96 (Annexure-C) and also to quash and set aside the impugned order dated 26-30/12/1995 passed by the learned Collector, Surat-respondent No. 2 in RTS Revision Case - Kamrej No. 125/Karjan/1976 (Annexure-B) declaring and holding both the said impugned orders without jurisdiction, illegal, invalid, unjust, improper and against the settled legal position."

3. The petitioners are aggrieved by order dated 25.09.2001 passed by Secretary (Appeals) Revenue Department, whereby the Secretary i.e. Respondent No. 1 rejected the application filed by present petitioners and confirmed the order dated 30.12.1995 passed by the Collector. So far as factual background is concerned, the Petitioners have averred and stated that:

"3.



























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