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2022 Supreme(Guj) 256

BIREN VAISHNAV
Ambarambhai Khodabhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Ankur Y. Oza.
For the Respondents: Kurven Desai, Assistant Government Pleader/PP and A.B. Gateshaniya.

JUDGMENT :

Biren Vaishnav, J.

1. Heard Mr. Ankur Oza, learned advocate for the petitioner, Mr. Kurven Desai, learned Assistant Government Pleader for respondents Nos. 1, 2 and 3, Mr. A.B. Gateshaniya, learned advocate for respondents Nos. 5, 6 & 7.

2. Rule returnable forthwith. With the consent of the learned advocates appearing for the respective parties, this petition is taken up for final hearing today.

3. In this petition under Article 226 of the Constitution of India, the petitioner, who is the original defendant before the Mamlatdar's Court, has challenged the orders dated 27.05.2015 passed by the Mamlatdar in Mamlatdar Court Case No. 5/2014 and the order in Revision Case No. 2/2014-2015 passed by the Deputy Collector, Wadhwan dated 15.09.2016.

4. Facts in brief are that the respondents Nos. 4 to 7 had approached the Mamlatdar's Court, inter alia contending that they had their right of way from the fields of the petitioner. The Mamlatdar allowed the application on the basis of the Panchnama drawn by the Circle officer on 27.03.2015. It is the case of the petitioner that while arriving at a conclusion against the petitioner, the Panchnama of the Circle officer was relied upon which

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