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2021 Supreme(Guj) 755

ASHUTOSH J.SHASTRI
Devyani M Mehta W/O Mahendra Mehta – Appellant
Versus
Chief Executive Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR BHARAT JANI
For the Respondent: MR KURVIN DESAI, MR ADIL R. MIRZA, MR AS VAKIL, adv.

ORDER :

1. RULE. Learned Assistant Government Pleader Mr. Kurvin Desai for the respondent-State, learned advocates Mr. Adil Mirza for respondent No.1 and Mr. A.S. Vakil for respondent No.4 waive service of notice of Rule.

2. By way of these petitions under Article 226 of the Constitution of India, common grievance is tried to be raised. Learned advocates appearing for the respective parties have requested the Court to take up both the matters together and dispose of by common order. Accordingly, the Court has considered the request and treated Special Civil Application No.178 of 2019 as a lead matter for sake of convenience.

3. So far as the lead matter, i.e. Special Civil Application No.178 of 2019 is concerned, the same is filed by four petitioners on the premise that they are the members of the respondent No.4 society and they are owners and occupiers of plot Nos.139, 140, 129 and 128 in Shangrila village and by way of registered sale deeds, they have become owner and occupier. The total area of the original plot of respondent No.4 society, as a whole, was 1,59,257 Sq. Mtrs. and the same was reconstituted and allotted Final Plot, admeasuring 1,30,618 Sq. Mtrs. and Form No.F came to

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