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2021 Supreme(Guj) 318

A.S.SUPEHIA
Aamad Jusab Akhani (Khafi) – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr VH Kanara(1881) Shivangi D Vyas(10117)
For the Respondent: Ms Moxa Thakker, APP

ORDER :

1. Heard the learned advocates for the respective parties through video conferencing.

2. The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an F.I.R. being C.R. No.11202046210044 of 2021 registered with Jamnagar Panch “B” Division Police Station, Dist.Jamnagar for the offences punishable under Sections 4(2), 4(3), 5(a) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

3. The brief facts of case are that one co-accused by name Vijaykumar Jentilal Malani has formed proposed nontrading corporation for carving out the plots 179 in number in old survey No.60 which has been given new survey No.131 as well as survey No.112, both of them in all admeasuring 3 hector 12 are and 77 square Meters. This land is allegedly belonging to Government. The historical background of the present land goes that originally this parcel of land was belonging to the Government which was given till or cultivate to one Bhurabhai Lidhabhai Bharvad. The tenure of him was new tenure. In the year 1995 and to be precise on 2nd January 1995, it was converted from new tenure of 29 guthas went in for construction of road. Remaining land was converte

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