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2021 Supreme(Guj) 204

BIREN VAISHNAV
VRUNDAVAN CO. OPERATIVE HOUSING SOCIETY LTD. – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Petitioner: M B AGRAWAL, MR MEHUL SHAH, SENIOR COUNSEL FOR MR VIMAL A PUROHIT
For the Respondent: MS. NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER/PP

JUDGMENT :

1. In this petition under Article 226 of the Constitution of India, the prayer of the petitioner reads as under:

    “27 (A) YOUR LORDSHIPS may be pleased to issue a writ of prohibition or any other appropriate writ, order or direction may be issued upon the learned Mamlatdar and ALT, Kalol to drop the impugned show cause notice dated 10.2020 (undated) being Ganot Case / Santej 84C/ 02/2020 issued under Form22, Rule 50 issued under the provision of Section 84(B)(1) of the Bombay Tenancy and Agricultural Land Act, 1948;”

2. Facts in brief are as under:

2.1 With a view to put up residential units for its members, the petitioner purchased a parcel of land being Survey No. 1343 at Santej. The land was purchased in 198283. The case of the petitioner is that there was no breach of Section 63 of the Gujarat Tenancy and Agricultural Land Act, 1948 (for short ' the Tenancy Act') by virtue of Section 64A of the Act. The subject land was sold by the vendors by a registered sale deed and mutation entries were posted in favour of the petitioner society which are subject matters of challenge in

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