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2021 Supreme(Guj) 280

VINEET KOTHARI, BIREN VAISHNAV
GANESH INDUSTRIAL ESTATE (PROPRIETOR VASHRAMBHAI PUNJABHAI PATEL) THROUGH LRs PROPRIETOR (LAXMI SAW MILLS) – Appellant
Versus
ADDL DY COLLECTOR & COMPETANT OFFICER – Respondent


Advocates Appeared:
For The Appellant : MR PERCY KAVINA, MR D.K. PUJ
For The Respondent: MR K.M. ANTANI

JUDGMENT :

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

1. This Letters Patent Appeal is directed against the order dated 15.1.2013 of the learned Single Judge (Coram: Jayant Patel, J.) partly allowing the writ petition, being Special Civil Application No.4642 of 1992 – Ganesh Industrial Estate & 2 Others vs. Additional Deputy Collector & Competent Officer & Another, remanding the case back to the ULC Tribunal under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act, 1976) for deciding the following issues with the following observations:

“12. Apart from the above, the other relevant aspects to be considered by the Tribunal were as under:

(1) Whether any agreement to sell was ever entered into since the possession was stated to have been handed over by the original owner in favour of Shree Ganesh Industrial Estate. If the agreement to sell never existed, the question of claiming any right may not arise but such aspect could be gone into only if the so called original agreement to sell is produced and its authenticity is proved by the process known to law by a person who is claiming the right pursuant to the so called agreement to sell.

(2) The so called Shree Ga

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