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2021 Supreme(Guj) 1192

A.P.THAKER
COLLECTOR - PORBANDAR – Appellant
Versus
PREMJI MAVJI BAMANIYA – Respondent


Advocates Appeared:
For The Appellant : MR. NIKUNJ KANARA, AGP.
For The Respondent: MR SATYAM Y CHHAYA

JUDGMENT :

1. By way of present petitions, the learned Collector, Porbandar has challenged the order dated 14.7.2011 passed by Special Secretary, Revenue Department (Appeals) Ahmedabad in Revision Application No. JMN/PRB/7/2007, whereby the learned SSRD has directed the learned Collector, Porbandar to regularise the encroachment of the private respondents herein by taking market value, as per the Government Resolution of the Revenue Department dated 8.1.1980. Since the common question of facts and law are involved in all these petitions, they were earlier ordered to be heard together.

2. The facts of the mater Special Civil Application No. 10174 of 2014 is taken as lead matter. The brief fact of the petition is that there is a government gaucher land bearing Survey No. 208 paiki, situated at village Chhaya, Taluka and District: Porbandar, and the same was encroached upon by the private respondents in 1988 where against the private respondents, proceedings were initiated under Section 61 of the Land Revenue Code before the Mamlatdar, Porbandar. Learned Mamlatdar found that the five respondents have encroached upon the land and were ordered to pay due assessment for all 15 years of una

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