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2016 Supreme(Guj) 2189

BELA M.TRIVEDI
Late Shri Mamaiyabhai Shardulbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.M. Mangukiya
For the Respondents: Mr. Venugopal Patel

JUDGMENT :

1. The present petitioners are the legal heirs of late Shri Mamaiya Shardulbhai, who had assailed the order dated 16/24.06.1997 (Annexure-E) passed by the Respondent no.1-the Additional Chief Secretary, Revenue Department (Appeals) (hereinafter referred to as ‘the SSRD’ for short) dismissing the Revision Application being No. 11/1993 and confirming the order dated 25.09.1990 passed by the Respondent No. 2-Collector in Appeal No. 449/1990.

2. The case of the petitioners in the nutshell is that the land in question bearing Survey No.265, admeasuring 10 acres situated at village Vanshyali was granted to the father of the petitioners i.e. Mamaiya Shardulbhai under the scheme floated by the State Government to rehabilitate the shepherds. The Assistant Collector, Mahuva having found that said Mamaiya Shardulbhai having transferred the said land to Maganbhai Lavjibhai and Dahyabhai Lavjibhai by executing two agreements to sell in respect of 5 acres of land to each of them and since both these persons were in possession of the said land, said Mamaiya Shardulbhai had committed breach of conditions of the allotment and therefore, the land was liable to be vested in the Government. T











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