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2022 Supreme(Guj) 1113

SANDEEP N. BHATT
Shreeji Developers – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioners: Rushabh H. Shah.
For the Respondents: Jenil M. Shah, Mr. Nilesh A. Pandya.

JUDGMENT :

1. The present petition, under Article 226 of the Constitution of India, is filed by the petitioners challenging the order dated 29.04.2022 passed by the Deputy Town Development Officer, Vadodara – respondent No.3 herein, whereby the respondent authority has put on hold the development permission (Rajachitthi) dated 18.02.2022.

2.1 Brief facts of the case are as such that; one Koyabhai Melabhai Rathodiya was holding the land bearing Survey Nos.5, 265, 268, 566, 583, 286, 37 & 99 situated at Village Vadsar, Taluka and District Vadodara.

2.2 Since, said Koyabhai Melabhal was unable to render service to the State because of his old age, an order dated 05.12.1958 was passed bearing Taluka Vatan No.1967 of 1958 mutating the name of his son - Mohanbhai Koyabhai Rathodiya in respect of said lands held by Koyabhai Melabhai on the condition that he will not be entitled to mortgage, sell or gift the land and on further condition that he continues to provide service which was being provided by his father Koyabhai Melabhai.

In view of the above order dated 15.09.1958, the effect was given in the revenue record vide mutation entry No.513 and the same was later certified on 24.01.1962.

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