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2021 Supreme(Guj) 1255

A. Y. KOGJE
Roshanben Hajibhai Deraiya W/o. Ganibhai Sorathiya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ankur Y. Oza.
For the Respondent: Mohsinkhan A. Koreja, Mr. Rohan N. Shah, AGP.

JUDGMENT :

1. Rule. Learned Assistant Government pleader waives service of rule on behalf of respondent No.-1-State. Learned advocate Mr. Mohsinkhan Koreja waives service of rule on behalf of respondent Nos.5 to 8. This petition under Article 226 of the Constitution of India is filed by the petitioner with the following prayers:-

    “5(a). issue appropriate Writ, direction or order to quash and set aside the order No.MVV/HKP/BhVN/38/2018 dated 12/06/2020 passed by the Secretary, Revenue Department (Disputes) Ahmedabad and consequently condone the delay in filing appeal against mutation entry No.6364 certified on 19/10/2016 by the respondent No.4 and further be pleased to direct the respondent No.3 to hear the appeal on merit.

(b) issue appropriate Writ, direction or order pending admission and hearing of this petition to stay the mutation entry no.6364 dated 30/08/2016 certified on 19/10/2016 by the Mamlatdar, Shihor, District Bhavnagar.

(c) pass ad-interim or interim order ex-parte in terms of paragraph (b) above.”

2. It is the case of the petitioner that the petitioner and respondent Nos. 5 to 8 are brothers and sisters and their father namely Hajibhai Sulemanbhai Deraiya was owner of ag

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