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2023 Supreme(Guj) 191

A. S. SUPEHIA
Rabari Narsinhbhai Hathibhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR RAKESH R PATEL
For the Respondent: MR JAYNEEL S. PARIKH,

ORDER :

1. Rule. Learned AGP waives service of notice of rule on behalf of the respondent No.1 –State.

2. In the present writ petition, the petitioners have prayed for quashing and setting aside the order dated 13.08.2021 passed by the respondent No.2 – Collector, Banaskantha and a further direction is sought to consider their application dated 31.05.2021 a fresh within a stipulated time.

3. The brief facts leading to filing of the present petition are as under : -

3.1 It is the case of the petitioners that their father Shri Rabari Hathibhai Valabhai purchased the land bearing Survey No.243, ad-measuring 0-71-83 sq.mtr., situated at village Rajpur, Tal : Deesa, District Banaskantha, (hereinafter referred as “subject land”) through a registered sale deed dated 15.09.2011 from Mahanat Tejpuriji Guru Jamnapuri and Entry No.9918 to that effect was recorded in the village Hak Patrak No.6 on 17.09.2011, which was accordingly certified by the Circle Officer on 12.12.2011.

3.2 Further the case of the petitioners is that their father passed away on 03.11.2014 and hence, succession Entry No.10414 came to be recorded in the revenue records and thereby the names of legal heirs of the deceased Rabar

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