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2021 Supreme(Guj) 1018

R.M.CHHAYA, BIREN VAISHNAV
PASHUPALAK VIKAS SAHKARI MANDLI LIMITED – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR SI NANAVATI, SR. ADVOCATE with MR SANJIV DAVE, ADVOCATE with MS ANUJA S NANAVATI
For The Respondent:MR TIRTHRAJ PANDYA, AGP /PP, MR PRASHANT DESAI, SR. ADVOCATE with MR DEEP D VYAS

JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and order dated 31.08.2021, passed by the learned Single Judge (Coram : Bhargav D. Karia, J.), the appellants-original petitioners have preferred this intra court appeal under clause 15 of the Letters Patent.

2. Following noteworthy facts emerge from the record of the appeal –

2.1 The petition is filed by the Cooperative Society through its Chairman/Secretary who are the original petitioners. It is the case of the original petitioners that based upon the Resolution dated 07.05.1956 passed by the then State of Bombay, under the scheme for organization of cooperative societies for cooperative cattle breeding and farming society for the improvement of nomadic professional cattle breeders, especially for economic and social betterment of cattle breeders, a scheme was floated and under such scheme the original petitioners were allotted land bearing survey nos. 457/1 and 457/2 at village Nava Wadaj, Taluka Sabarmati, District Ahmedabad. It is the say of the petitioners that the petitioners are in possession of the lands in question. The lands in question became part of the local limits of Ahmedabad Municipal Corp

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