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2021 Supreme(Guj) 398

VINEET KOTHARI, B.N.KARIA
Natverlal Mahjibhai Patel Thro' Poa Vinodchandra Kantilal Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr M C Bhatt, Mr Vikram J Thakor
For the Respondent: Mr. Krutik Parikh, AGP

JUDGMENT :

VINEET KOTHARI, J.

1. This Letters Patent Appeal is directed against the order dated 29.09.2016 passed by the learned Single Judge allowing Special Civil Application No.96 of 1996 filed by the State of Gujarat against the Respondent Landholder.

2. The facts of the case in brief as noted by the learned Single Judge are quoted below for ready reference :

    “2. A few facts germane for the purpose of deciding the present petition are that the respondent No.1 had filled in the form No.1 declaring his holdings under Section 6(1) of the said Act on 09.03.1984. The competent authority after considering the relevant material, passed the order dated 20.12.1984 holding inter alia that the respondent No.1 held the excess vacant lands as per the schedule annexed to the said order. The said order came to be challenged by the respondent No.1 after about ten years by filing the appeal being No. 54 of 1994 before the Tribunal, who without assigning any cogent reason entertained the grossly time barred Appeal and set aside the order dated 20.12.1984 passed by the competent authority, vide the impugned order dated 27.01.1995, and remanded the case to the competent authority. It appears that in t

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