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2022 Supreme(Guj) 359

A.P.THAKER
Keshubhai Maganbhai Prajapati – Appellant
Versus
Secretary (Appeals) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR BJ TRIVEDI, MR JT TRIVEDI, MR.DEVENDRA H PANDYA, MS JIGNASA B TRIVEDI, Adv.
For the Respondent: MR NIKUNJ KANARA, MR HS MUNSHAW

JUDGMENT :

1. Both these petitions are filed against impugned order No.MVV/Hbakhap/Sue/Bhavan/13/2013 dated 31.8.2015 whereby NA Permission granted vide order bearing No.DP/LNP/Case/Reg.No.38/2008-09 dated 9.1.2009 in respect of the lands of Survey Nos.19 paiki 1 and 2, admeasuring 17402 sq.mtrs. is cancelled.

2. As per the facts of Special Civil Application No.15615 of 2015, the petitioner-respondent no.5 of Special Civil Application No.15564 of 2015 had purchased the land bearing survey No.19 admeasuring about 4 Acres and 8 Gunthas from heirs of Jaga Vasram, by a registered sale deed dated 9/8/2007 and 30/7/2007. That the public notice too was published in the Daily Saurastra Samachar a widely circulated daily of Bhavnagar in its 20/7/2007 edition. As no objection are received, the title of the sellers were deemed to be clear and than only the said sales deeds were executed.

2.1 The petitioner states that, thereafter, by application dated 22/11/2007 requested District Panchayat, Bhavnagar to convert the said land for non agricultural purpose. The District Development officer after following the prescribed procedure and after obtaining No Objection certificate from the Collector date

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