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2022 Supreme(Guj) 1502

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
GUJARAT PIPAVAV PORT LTD. – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DIPEN C. SHAH.
For the Respondent: K.M. ANTANI.

ORDER :

1. This intra-court appeal lays a challenge to the order dated 26.09.2017 passed in Special Civil Application 7525 of 2012, where-under the order dated 07.10.2011 passed by the S.S.R.D. Ahmedabad rejecting the revision application and affirming the order of the Collector dated 31.12.2009 (Annexure-H) came to be affirmed.

2. Facts in brief which have led to the filing of this appeal can be crystallized as under:

    2.1 Petitioner who is allotted certain lands on 11.03.1998 vide allotment letter of even date (Annexure-C). In this proceedings, this Court is concerned with land bearing Survey No. 42 of Rampara-2, admeasuring 156 acres - 08 gunthas and 254 acres in Survey No. 603 at Village Bherai (out of 624 acres). The said allotment was subject to the conditions stipulated under the letter of allotment. On 01.04.2009, petitioner submitted an application to the Collector, Amreli seeking permission to mortgage the aforesaid lands with an intention to generate finance from financial institutions for development of the allotted land. On queries being raised by the office of the Collector, same came to be replied and not being satisfied with the reply, the Collector by issuance of show

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