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2021 Supreme(Guj) 1088

NIRZAR S.DESAI
POLYCAB WIRES LTD THROUGH POA NIRAJ MOHANLAL KUDNANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIMAL A PUROHIT
For the Respondent: MR JAYNEEL PARIKH

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main reliefs:

    “[A] YOUR LORDSHIPS may kindly be pleased to issue a writ of mandamus, or any other appropriate writ in the nature of mandamus, order or direction quashing and setting aside the order dated 31.1.2020 passed by the learned Deputy Collector, Dabhoi in Mamlatdar Courts Act / Dispute. 04 of 2018 and further be pleased to uphold the order passed by the learned Mamlatdar in Mamlatdar Court Act Case No.04 of 2018 dated 26.07.2018;

[B] During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation, execution of the impugned order dated 31.1.2020 passed by the learned Deputy Collector, Dabhoi in Mamlatdar Courts Act / Dispute. 04 of 2018;”

2. The brief facts giving rise to the present petition are stated as under:

    2.1 The petitioner, a private limited company, purchased a land bearing survey No.32/1/3 (new survey No.144/1), 32/1/4 (new survey No.144/3), 32/1/5 (new survey No.144/5), 32/1/6 (new survey No.144/2), 32/1/7 (new survey No.144/4), 32/3/16 (new survey No.146/1) of Village – Kha

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