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2022 Supreme(Guj) 693

NIRZAR S.DESAI
Vallabhbhai Vastabhai Kukadiya – Appellant
Versus
Dy. Collector, Botad – Respondent


Advocates Appeared:
For the Petitioner: Mr. Panam C. Soni.
For the Respondent: Mr. Nikunj Kanara, AGP, Mr. Meet D. Pansuria, Mrs. Sangeeta N. Pahwa, Siddhi V. Vadodariya.

JUDGMENT :

1. By way of this petition, the petitioners have prayed for quashing and setting aside order dated 5.8.2021 passed by the Deputy Collector, Botad in M-Court Revision/BTD/9/2021 and order dated 25.5.2021 passed by the Mamlatdar, Botad in Mamlatdar Court Case Reg. No.1/2021.

2. With the consent of learned advocates for the parties, the matter is taken up for final hearing. Hence, Rule. Learned AGP, Mr. Nikunj Kanara, learned advocate Mr. Meet Pansuria, and learned advocate Ms. Siddhi Vadodariya waive service of rule on behalf of respective respondents. Though notice was served, respondent Nos.5.1 to 5.7 have chosen not to appear before the Court.

3. It is the case of the petitioner that the petitioners are the original respondents of Mamlatdar Court Act Case No.1/2021, which was preferred by the respondent Nos.3 and 4 herein. The respondent Nos.3 and 4 by way of plaint prayed before the Mamlatdar, Botad that they are the owners of agricultural land bearing survey No.212 paiki of Village Rangpur, Taluka and District Botad. The land is ancestral land and the only way to have ingress and egress to their agricultural land is known as ‘sim talavdi valo rasto’. From that road they

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