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2022 Supreme(Guj) 1586

SANGEETA K. VISHEN
Minaxi Rameshbhai Bhasin – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MIHIR THAKOR, LD. SR. COUNSEL WITH MS ARCHANA R. ACHARYA
For the Respondent: MS ASMITA PATEL

JUDGMENT :

1. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 27.11.2015 passed by the respondent no.2 i.e. the Collector (hereinafter referred to as “the Collector”) directing the respondent no.3 i.e. the Mamlatdar, to take over the possession of the land free from all encumbrances.

2. Tersely stated are the facts:

2.1 The father of the petitioner, was serving as an army man. An application dated 1.3.1965, was made by the father of the petitioner for allotment of the land bearing survey no.247 (new survey no.149/1/A/2 paiki) admeasuring Acre-55 32-gunthas situated at village Vesu, Taluka: Choryasi, District: Surat. After following the procedure and as per the policy, vide order dated 26.10.1966, the salted land came to be allotted on lease for the unlimited period. With the help of the family members, the land was made fertile and cultivable. As per the policies of the State Government, since it was impermissible to allot the land, more than the economic holdings, that revised order dated 7.1.1967 came to be passed allotting the land admeasuring 16 acres of revenue survey no.247 sit

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