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2017 Supreme(Guj) 620

K.M.THAKER
Alibhai Bagasbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :R.K. Mishra, Advocate
For the Respondent: Manan Mehta, A.G.P.

JUDGMENT :

K.M. Thaker, J.

1. Heard Mr. R.K. Mishra, learned advocate for the petitioners and Mr. Mehta, learned AGP.

2. In present petition the petitioners have placed under challenge order dated 21.8.2007 passed by the learned Tribunal and the order dated 30.4.1998 and the communication dated 29.7.1968 as well as order dated 27.10.1997. While challenging the said orders the petitioners have prayed, inter alia, that:-

"8(A) Your Lordships may be pleased to quash and set aside the order dated 21.8.2007 at Annexure-A passed by the Gujarat Revenue Tribunal, order of the Deputy Collector at Annexure-B dated 30.4.1998 (4.5.1968) and communication dated 29.7.1968 at Annexure-D and the order dated 27.10.1997 at Annexure-C to the petition.

(B) Your Lordships may be pleased to hold and declare that the petitioners who are joint khatedar in Block Survey No. 235, situated at village Bhensavda, do have legal right of 1/3rd share each (both petitioners have 2/3rd ) of the land admeasuring 11 acres and 38 gunthas, therefore, the orders of the authorities are illegal, arbitrary and unconstitutional.

(C) Your Lordships may be pleased to hold and declare that the action on the part of the respondent aut


























































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