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2021 Supreme(Guj) 95

VINEET KOTHARI, GITA GOPI
CHANDRALAL BULCHAND AMBAVANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR PM BHATT, G B PATEL
For the Respondent: MR MEET THAKKARM, ASSISTANT GOVERNMENT PLEADER, MR PARTHIV A BHATT

JUDGMENT :

VINEET KOTHARI, J.

1. This Intra Court Appeal is directed against the order of the learned Single Judge dated 5.8.2016 dismissing the Special Civil Application No.9559 of 1995 filed by Baldevbhai Shivabhai Patel through his Legal Representatives and two subsequent Purchasers of the land in question (Chandralal Mulchand Ambavani and Jyotiprasad Devkinandan Chiripal).

2. The proceedings under challenge are under the Urban Land (Ceiling and Regulation) Act, 1976 ('the ULC Act' for short) and the sole argument on which the entire Letters Patent Appeal is based, is on the anvil of one alleged order under Section 20 of the ULC Act, by which the original owner – Khumanbhai Vanabhai Vagri is said to have been permitted under the said Act to retain the agricultural land in question and also sell it further, however, for the agricultural purpose only. The said Khumanbhai is said to have sold the land in question to the Respondent No.3 – Original Petitioner No.1 (Baldevbhai Shivabhai Patel) under a Sale Deed dated 5.7.1979, who, instead of doing agricultural on the same, is said to have further sold the land in question by another Sale Deed dated 17.1.2007 in favour of Vishnubhai Pate

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