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2021 Supreme(Guj) 352

VINEET KOTHARI, B.N.KARIA
Urvashiben Kanubhai Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Nilesh A Pandya
For the Respondent: Mr Soaham Joshi, AGP

JUDGMENT :

VINEET KOTHARI, J.

1. This appeal is directed against the order dated 30.8.2016 passed by learned Single Judge rejecting Special Civil Application No.11205 of 2000 filed by appellant – petitioner Urvashiben Kanubhai Shah now represented by her legal representatives Saileshbhai Kanubhai Shah and Rajeshbhai Kanubhai Shah through Power of Attorney Hasmukhbhai N.Pasari. The observations of the learned Single Judge to the relevant extent are quoted below for ready reference.

    “8. In the instant case, the possession of the excess vacant land having been already taken over by the State Government after following the due process of law, after issuing the notification under Section 10(3) of the said Act, and the notice under Section 10(5) and the same having remained unchallenged till the Repeal Act came into force, it was not open for the petitioners to raise the dispute in the present petition that possession of excess vacant land taken over by the State Government was not in accordance with law.

9. In that view of the matter, the Court does not find any substance in the present petition. The petition, therefore, is dismissed. The request of Mr. Pandya, learned counsel for the petit

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