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2021 Supreme(Guj) 1099

A.P.THAKER
GEV DINSHAJI VESUNA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR. NIRUPAM NANAVATI, SR. ADVOCATE WITH MR MANOJ S JOSHI
For The Respondent: MS. DHWANI TRIPATHI, AGP, MR HS MUNSHAW

JUDGMENT :

1. Rule. Learned AGP Ms. Dhwani Tripathi waives service of notice on behalf of respondent State and Mr. H.S.Munshaw, learned advocate waives service of notice on behalf of respondent No. 4. Rule is fixed forthwith.

2. By way of present petition, the petitioners have challenged the impugned order of respondent No.3 i.e. Deputy Collector dated 6.7.2009 passed in Order No. RTS/REMAND/APPEAL NO. 171/2005 and further order dated 2.2.2011 passed in RTS/REMAN/ APPEAL No. 153/09 and the order dated 29.4.2016 passed by respondent No.1 Secretary Appeals (SSRD) passed in MVV/HKP/SAT/23/2012.

3. The brief facts of the present petition are as under:

    3.1 The grand-father of the petitioners namely Faramji Sapurji Vesuna was the original owner of the land bearing Survey No. 24, admeasuring H 1-21– 00 sq. Mtrs (Old Survey No. 31/1, 31/2, 31/3, 31/4) of Village: Vesu, Taluka: Choryasi, District: Surat and his name was entered in the revenue record of 1944-45. Thereafter, name of the father of the petitioner namely Dinsaji Faramji Sapurji Vesuna was entered in the revenue record in the year 1948-49. The petitioner came to know regarding so-called exparte award passed in 23.9.1965 and entry bei

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