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2021 Supreme(Guj) 634

A.P.THAKER
MAHEZBIN MOHAMMAD ARIF KURESHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR HARSHADRAY A DAVE
For The Respondent: MR JB DASTOOR, MR NIKUNJ KANARA, AGP

JUDGMENT :

1. By filing this petition, the petitioners have mainly prayed to quash and set aside order dated 17.6.2021 passed by respondent no.2 at Annexure to the petition and declare the same as null and void and also prayed to remand the matter.

2. It is the case of the petitioners that they are owners of property bearing City Survey No.893, 894, 895 and 896/A/1 situated at Shahpur Ward-1 of Taluka City, District Ahmedabad. It is stated that out of total land of 206.06 sq.mtrs. of Survey No.896/A/1, the petitioners sold land admeasuring 32.60 sq.mtrs. in favour of respondent nos.5 to 7 in 1994 and possession was handed over to them. It is the case of the petitioners that later on respondent nos.5 to 7 sold said land to respondent nos.3 and 4. Respondent nos.3 and 4 want to construct flat in the said land and for that they are trying the grab land of the road, which is in the property of the petitioners. Therefore, the petitioners filed Civil Suit No.1608 of 2019 seeking declaration and permanent injunction against respondent no.3 and 4. The petitioners state that during the pendency of said suit, respondent nos.3 and 4 approached city Survey Superintendent vide application dated 2

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