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2022 Supreme(Guj) 451

A.P.THAKER
Minaben Girishchandra – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Dhiraj M Patel, Mr Maulik R Shah
For the Respondent: Ms Dhwani Tripathi, AGP, Mr Pratik P Thakkar

JUDGMENT :

1. By filing this petition, the petitioners have prayed to quash and set aside order dated 12.3.2015 passed by Additional Secretary, Revenue Department (Appeals), Ahmedabad in Revision No.MVV/JMN/BHCH/14/2014 and order dated 9.12.2014 passed by Collector, Bharuch in Bhumi/Vashi/ 8304. It is also prayed to direct respondent no.3 to issue No Objection Certificate stating that restriction of Section 73-AA of Gujarat Land Revenue Code does not apply to the Sale Deed dated 10.12.2014.

2. The short facts giving rise to the present petition are that agricultural land (Old Tenure) bearing Block no. 21 paiki 3 admeasuring 17,199 sq. mtrs. situated in the sim of Amadada Tal.Dist. Bharuch was originally owned by deceased Shankarbhai Ichhalabhai. That Late Shankarbhai had executed an agreement to sale dated 29/2/80 in favour of Rustambhai Sulemanbhai Patel for the consideration to tune of Rs. 2,15,000/and handed over the physical and actual possession of the said land to Rustam Suleman Patel and since then Rustam Suleman Patel had been in lawful possession of the said land. Rustam Suleman Patel had assigned his rights of the said Agreement to Sell dated 29/2/80 in favour of the presen

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