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2022 Supreme(Guj) 1673

ASHUTOSH J. SHASTRI
Bhupendrabhai Mathurbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Parthiv B. Shah.
For the Respondent: Mr. Kurven Desai, Assistant Government Pleader, Mr. Jayraj Chauhan, Mr. Nilesh A. Pandya.

ORDER :

1. This group of petitions being clubbed together by virtue of an order date 09.02.2021 have been taken up conjointly as per the request of learned advocates since common question of facts and law have arisen.

2. This group of petitions have been filed under Article 226 of the Constitution of India challenging the inaction of the authority in not handing over the possession of the land in question. So far as petition being Special Civil Application No. 16287 of 2020 is concerned, relief is sought to the effect that the respondent authorities be directed to hand over the possession of 316 sq.mtrs., as per Final Plot No. 42 forming part of the Town Planning Scheme No. 1 of Sayajipura to the petitioner in the interest of justice. The said relief is sought on the premise that the petitioner of this petition namely Bhupendrabhai Mathurbhai Patel is the owner of the revenue Survey Nos. 552/1, 553, 554 and 555 of Village Sayajipura, Taluka and District : Vadodara. On the said lands Town Planning Scheme came to be introduced and after implementation of the Town Planning Scheme all the survey numbers were initially given Original Plot No. 65 and subsequently were given Final Plot No.

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