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2017 Supreme(Guj) 1377

M.R.SHAH, VIPUL M.PANCHOLI
Arvindbhai Manibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Mr. NK Majmudar, Advocate
For the Respondents: Mr. KM Antani, AGP.

ORDER :

M.R SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by learned Single Judge in Special Civil Application No. 1203 of 2008 dated 24.03.2017, by which the learned Single Judge has dismissed the said petition, the original petitioner has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent Act.

2. At the outset, it is required to be noted that the land in question was declared as excess under the provisions of the Gujarat Urban Land Ceiling Act. According to the respondents, State Government had taken over possession of the excess land in the year 1987. In the year 1996, even the mutation entry was also made in the revenue record, by which the name of the Government was mutated in the revenue record. That, thereafter, in the year 1999, Urban Land Ceiling Act came to be repealed. Thereafter, in the year 2007, the petitioner approached the appropriate authority to grant No Objection Certificate(NOC) and to delete the name of the Government from the revenue record. The same came to be rejected by the appropriate authority, which came to be challenged by the appellant before the learned Single Judge. The learned





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