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2010 Supreme(Guj) 535

S.J.MUKHOPADHAYA, K.M.THAKER
Patel Somabhai Devidas – Appellant
Versus
Dahyaji Somaji Thakor – Respondent


Advocates Appeared:
For the Appellant :Dilip L. Kanojiya, Advocate
For the Respondent:Amit C. Nanavati, Advocate

JUDGMENT :

K.M. Thaker, J.

This appeal under Clause 15 of the Letters Patent is directed against the judgment and order dated 21.10.2008 passed by the learned Single Judge rejecting the writ petition preferred by present appellant against the order dated 05.10.1998 passed by Deputy Secretary (Appeals).

2. Mr. Sanjanvala, learned Senior Counsel has appeared with Mr. Dilip Kanojiya, learned advocate for the appellant and Mr. Pranav Trivedi, learned AGP has appeared for the respondent Nos. 2 and 3. Mr. A.C. Nanavati, learned advocate has appeared for the respondent Nos. 1/1 to 1/8. Having regard to the rival contentions, Rule. Mr. Trivedi, learned AGP has waived service of notice of Rule on behalf of the respondents. At the request and with the consent of the learned counsel for the contesting parties, the appeal is taken up for hearing and final decision.

3. The facts involved in and relevant for the purpose of this appeal can be briefly summarised thus:

3.1 The appellant-original petitioner purchased agricultural land of Block No. 357 bearing Survey No. 280/3 admeasuring about 1 acre and 14 gunthas (hereafter referred to as the "land in question") from the respondent No. 1 on 23rd June,

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