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2021 Supreme(Guj) 474

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
Gujarat Harijan Sevak Sangh – Appellant
Versus
Deceased Garbadji Khodaji Thru L/H And L/R – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Vijay H Nangesh
For the Respondent: Robin Prasad

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. This appeal under Clause 15 of the Letters Patent is at the instance of the original writ applicant and is directed against the order passed by a learned Single Judge of this Court dated 7.9.2018 in the Special Civil Application No.17492 of 2006 by which the learned Single Judge disposed of the writ application with a direction to the Mamlatdar to institute proceedings under Section 32G of the Tenancy Act to fix the purchase price of the land.

2. The facts giving rise to this appeal may be summarised as under :-

2.1 The appellant (original respondent No.4) is a registered Sangh who purchased the land bearing Survey Nos.386/2, 388/A/2/2, 386/6 and 388/9 from one Cristian Missionary and Alliance Trust by registered Sale Deed on 16.6.1965.

2.2 Respondents (original writ applicants) are the legal heirs of Garbadji Khodaji who was cultivating some of the lands i.e. bearing Survey Nos.386/2 and 388/2/1 which were carved out from the original Survey No.388/A/2/2/ as tenant. With respect to the land bearing Survey No.388/2/1 proceedings under Section 32G of the Bombay Tenancy and Agricultural Land Act in Tenancy Act were dropped because the Trust had produ

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