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2021 Supreme(Guj) 1117

BHARGAV D.KARIA
SHREE HARI COOPERATIVE HOUSING SOCIETY LTD. – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR RASHESH RINDANI WITH MR SHIRISH H GOHIL
For The Respondent: MR KURVEN DESAI, AGP, MR D V KANSARA, MR ASIT B JOSHI

ORDER :

Heard learned advocate Mr.Rashesh Rindani assisted by learned advocate Mr.Shirish H. Gohil for the petitioner, learned Assistant Government Pleader Mr.Kurven Desai for the respondent No.1 and learned advocate Mr.Asit B. Joshi for the respondent Nos.6 to 10.

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

    “(A) YOUR LORDSHIPS may be pleased to admit and allow this petition.

(B) YOUR LORDSHIPS may be pleased to hold and declare that land admeasuring 4047.83 square meters of survey no 162 situated at Moje Movdi, Tal & District : Rajkot is a common plot of the petitioner society.

(C) YOUR LORDSHIPS may be pleased to hold and declared that the action of respondents in selling the common plot admeasuring 4047.83 square meters of survey no 162 situated at Moje Movdi, Tal & District : Rajkot is illegal, unconstitutional and thus null and void in the eyes of law.

(E) YOUR LORDSHIPS may be pleased to direct the revenue authorities in mutating any entry with regard to any sale transaction for land admeasuring 4047.83 square meters of survey no 162 situated at Moje Movdi, Tal & District : Rajkot till pending and final d

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