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2019 Supreme(Guj) 582

BELA M.TRIVEDI
Ketanbhai Rajnibhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Mr. Deven Parikh, Senior Advocate With Mr Atit D. Thakore.
For the Respondent: Ms. Jyoti Bhatt, AGP, Mr. Amit Barot, AGP.

JUDGMENT :

1. Both the petitions involving similar issues and having been filed by the same petitioner, were heard together. For the sake of convenience, the facts stated in the Special Civil Application No. 4099 of 2014 are taken into consideration. Following main prayers have been sought in the said petition : -

“A. Your Lordships be pleased to issue a writ of certiorari/mandamus of any other appropriate writ order or direction quashing and setting aside the subsequent order/notation dated 04.06.2012 of the Collector and be pleased to direct the respondents to refund the sum of Rs. 85,60,800/- (Eighty Five Lacs Sixty Thousand and Eight Hundred only) with interest @ 12% as being the difference between the premium as determined by the Collector by his order granting permission dated 08.07.2010 and his subsequent notation dated 04.06.2012;

B. Your Lordships, pending the present petition be pleased to refund the amount of Rs. 85,60,800/- (Eighty Five Lacs Sixty Thousand and Eight Hundred only) subject to such terms and conditions as may be deemed fit by this Hon'ble Court in the interest of justice.”

2. The short facts as emerging from the record of the petition are that the petitioner a

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