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2022 Supreme(Guj) 1716

A. P. THAKER
Shah Bipinchandra Ratilal – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS ARCHANA R ACHARYA
For the Respondent: MS DHWANI TRIPATHI, MR MEHUL SHARAD SHAH, MR SHAAN M MUNSHAW

JUDGMENT :

1. Both the petitions have been filed against the impugned order passed by the learned Special Secretary Revenue Department (hereinafter referred to as “the SSRD”) dated 29.09.2015 in Revisions Application No.164 of 2013 as well as the order dated 21.08.2013 passed by the Collector in Revision Application No. 180 of 2012 by the respective petitioners. Since common facts are involved in the matters both the matters have been tagged together and heard together. Therefore these petitions are being disposed of by the present common order.

2. Special Civil Application No.20605 of 2015 is a leading matter, and therefore facts are referred to from it.

3. The brief facts giving rise to the petition in nutshell are as under.

3.1. Dispute pertains to the land bearing survey number 189 paiki 1, 189 paiki 2 and 189 paiki 3 admeasuring 4659 square metres of village Iyava, taluka Sanand, District Ahmedabad. In June 1984 a partnership firm in the name of Kamani Chemical Works came to be constituting of 11 family members as partners. According to the clause 7 of the partnership deed, and as per the clause 9, any partner can retire by oral notice / intimation. That as per clause 10 of the de

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