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2022 Supreme(Guj) 1137

A. Y. KOGJE
Himatbhai Kalabhai Sarikhada – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MRS FALGUNI D PATEL
For the Respondent: MS. SURBHI BHATI

JUDGMENT :

1. Rule. Learned AGP waives service of rule on behalf of respondents.

2. This petition under Article 226 of the Constitution of India is filed against the order dated 27.03.2018 passed by the Special Secretary in Revision Application No.40 of 2017. By the aforesaid order, the Special Secretary, Revenue Department had confirmed both the order of the Collector, Amreli dated 01.09.2017 in Appeal No.65 of 2017 and order dated 14.03.2017 by the Deputy Collector, Lathi and order dated 23.08.2016 passed by the Deputy Mamlatdar (Revenue) Lathi. The essential issue is with regard to the entry No.2315 and 4581 pertaining to purchase two plots of land by registered sale deed bearing revenue survey No. 368. Thereafter, entry regarding sale by the petitioner of another plot of land being survey No.400 on 31.05.2006 to a third party. By the order, Deputy Mamlatdar had rejected the entry on the ground that the issue whether the petitioner was farmer/agriculturist could not be verified and therefore, he had no right to deal with agricultural land.

3. Learned advocate for the petitioner submitted that grand father of the petitioner as well as father of the petitioner belonging to Scheduled

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