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2018 Supreme(Guj) 1003

R.SUBHASH REDDY, VIPUL M.PANCHOLI
Varahi Co Operative Housing Society Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
B.B. Naik, Adv., Umang R Vyas, Adv., D.M. Devnani, Adv., H.S. Munshaw, Adv.

JUDGMENT

Vipul M. Pancholi, J.

This appeal, which is filed under Clause 15 of Letters Patent, is directed against the judgment dated 23.08.2018 passed by the learned Single Judge in Special Civil Application No. 3358 of 2018, by which, the learned Single Judge has dismissed the petition.

2. Brief facts leading to filing of the present appeal are as under:

2.1. Petitioner society is a registered Cooperative Housing Society under the provisions of the Gujarat Cooperative Societies Act. It was registered on 11.05.1967 before the District Registrar, Bhavnagar. The petitioner society had purchased non-agriculture land situated at Revenue Survey No.76 of village: Tarsamiya, Taluka: Bhavnagar by a registered sale deed in the year 1971. Initially there were 56 residential plots on the said land. Lay-out plans etc. were sanctioned by the respondent authorities. As per the said plan, the petitioner society kept common plot as per the rules and regulations prevailing at the relevant time. The said plots were sold to its members by executing different sale deeds. Thereafter the petitioner society has proposed to allot two more plots i.e. plot Nos. 57 and 58 and therefore necessary sanction was obt




















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