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2020 Supreme(Guj) 397

M.TRIVEDI
Bhavnagar Mahanagar Palika Through Municipal Commissioner – Appellant
Versus
Heirs of Decd. Virbhadrasinhji Krushnakumarsinhji Gohil – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mihir Joshi, Ld. Sr. Advocate For Mr. Dhaval G. Nanavati
For the Respondent:Ms. Jyoti Bhatt, AGP., Mr. Mehul S. Shah, Mr Nk Majmudar, Mr. Deven Parikh, Ld. Sr. Advocate For Mr. Rutul P. Desai, Mr. Sunil C. Patel, Mr. Vishwas S. Dave, Ms. Khyati P. Hathi, Mr. Mihir Thakor, Ld. Sr. Advocate For Ms. Trusha K. Patel

JUDGMENT :

1. The present petition has been filed by the petitioner Bhavnagar Mahanagar Palika (erstwhile Municipality) (hereinafter referred to as "the petitioner Municipality") under Article 226/227 of the Constitution of India, challenging the common order dated 16.6.2011 passed by the Gujarat Revenue Tribunal (hereinafter referred to as "the Tribunal") in the Appeals being No.TEN.A.A.26 of 2006 and No.TEN.A.A.27 of 2006 filed by the respondent Nos.1.1 and 1.2 herein, under Section 9 of the Gujarat Revenue Tribunal Act, whereby the Tribunal has allowed the said Appeals and set aside the common order dated 6.5.2006 passed by the District Collector, Bhavnagar in Appeals No.124/93-94 and No.125/93- 94, filed under Section 203 of the Gujarat Land Revenue Code. The Tribunal has further held in the impugned common order that the appellants i.e. the present respondent Nos.1.1 and 1.2 are the occupants of the subject land bearing Survey No.234 admeasuring 10 acres 35 gunthas of Moje Vadva, Taluka and District Bhavnagar (hereinafter referred to as "the subject land"), and are entitled

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