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2020 Supreme(Guj) 439

BIREN VAISHNAV
Mavjibhai Shamjibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Mihir Thakore, Senior Counsel With Mr Satyam Y Chhaya
For the Respondent: Ms Aishvarya Gupta, AGP, Hemali D Soni, Mr. V C Vaghela

JUDGMENT :

1. Rule returnable forthwith. Ms. Aishvarya Gupta, learned Assistant Government Pleader appearing for the State and Mr. V.C. Vaghela, learned advocate for the respondent no. 8 waive service of notice of rule. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

2. By way of the present petition, the petitioner has prayed to quash and set aside the impugned order dated 30.09.2019 passed by respondent no. 5 – Mamlatdar in RTS Dispute Case No. 34 of 2019 and to direct the respondent no. 5 – Mamlatdar to certify entry no. 4712 mutated in favour of the petitioner pursuant to the registered sale deed dated 11.07.2018 executed in favour of the petitioner by respondents no. 9 & 10 with respect to the land in question.

3. The land in question is land bearing Survey No. 419 admeasuring 13,959 sq. mtrs of village Abhava, Taluka – Majura, District – Surat. One Jayantibhai Balubhai was the original owner of the land. On 17.08.1987 the said land was purchased by deceased Hanskamal Atmaprakash Grover. Pursuant to such a sale, by a registered sale deed, entry no. 959 was mutated in favour of Hanskamal Grover on 20.08.19

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