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2017 Supreme(Guj) 517

K.M.THAKER
Markhi Devshi Kandoriya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Sangeeta Pahwa, Advocate for Thakkar & Pahwa Advocates
For the Respondent: Manan Mehta, A.G.P.

JUDGMENT :

K.M. Thaker, J.

1. Heard Ms. Pahwa, learned advocate for the petitioner and Mr. Mehta, learned AGP for the respondents.

2. So as to consider and appreciate the relief prayed for by the petitioner, it is necessary to take into account factual backdrop which can be summarized thus.

2.1 The dispute and controversy in present petition relate to land bearing Survey No. 217 admeasuring 22 acres and 22 guthas in Village: Bhogat, Taluka: Jamkalyanpur, District: Jamnagar.

2.2 According to the petitioner's claim, his father purchased the said land in June 1968 by a registered sale deed. The petitioner claims that the entry recording the said transaction came to be mutated as Revenue Entry No. 1098 in favour of the petitioner's father and that the said entry was subsequently certified in March 1970.

2.3 Subsequently, somewhere in 1970-71, the Deputy Collector, Khambaliya initiated proceedings for breach of condition on the ground that the new and restricted tenure land could not have been sold without permission of the Collector. After issuing notice and after hearing, the concerned/affected party, the Deputy Collector passed order dated 23.6.1973 holding, inter alia, that the transactio

















































































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