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A. S. SUPEHIA
Kantibhai Mangalbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. RULE. Learned advocates appear and waive service of notice of Rule on behalf of the respective respondents.
2. The present writ petition has been filed for quashing and setting aside the order dated 03.04.2019 passed by the Special Secretary, Revenue Department (Appeals) (for short “the SSRD”), order dated 12.06.2018 passed by the Deputy Collector, Daskroi Prant, Ahemdabad in Remand Case No.3 of 2017. A further prayer is made to cancel the Entry No.5279 dated 28.03.2012 mutated in the revenue record.
3. Brief facts leading to filing of the present petition are as under : -
3.1 It is the case of the petitioner that land bearing Block Nos.996 and 1001 situated at Mouje Kubadthal village, Taluka Daskroi, District Ahmedabad are the land in question and the same are disputed and is the ancestral property of the petitioners.
3.2 The petitioners and the respondent No.4 have executed a Registered Sale deed of Rs.14,000/- for the land in question vide Registration No.2206 on 22.07.1998 for the total sale consideration of Rs.1,40,000/-. The petitioners have alleged that against the aforesaid amount, only Rs.14,000/- was paid by the respondent No.4 and he promised to give an amount o
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Point of law: Authority exercising power under the code has no power to conclude as to whether the breach of the other enactment by the impugned transfer or registered sale deed is made or not.
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