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2022 Supreme(Guj) 522

A.Y.KOGJE
SURESHBHAI MITHABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: TRUSHA K. PATEL.
For the Respondents: AYAAN PATEL, DEEP D. VYAS.

JUDGMENT :

A.Y. KOGJE, J.

1. Rule. Learned advocate Mr. Deep Vyas waives service of rule on behalf of respondent No. 2 and learned AGP waive service of rule on behalf of respondent Nos. 1 and 3.

2. This petition under Article 226 of the Constitution of India is filed by the petitioners for quashing and setting aside the order dated 28.06.2016 passed by the committee under the Urban Housing and Urban Development Department (UDHD) in a case being TPS/52 (North Ghodasar)/Sec. 67/4184. The petitioners had prayed for implementing of the town planning scheme No. 52-Ghodasar North by earmarking and handing over the vacant and peaceful possession and allotting separate final plot against the land bearing originally Hissa No. 2 of Survey Nos. 274+284+285 of village Ghodasar. In the alternative, the petitioners have also sought direction to the respondents to make allotment of Final Plot No. 103 or any other plot in the same scheme bearing identical measurements as the land bearing Hissa No. 2 of Survey Nos. 274+284+285 of village Ghodasar.

3.1 It is the case of the petitioners that the original survey Nos. 274, 284 and 285 of village Ghodasar were sold since 1942 from time to time and ultimatel

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