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2022 Supreme(Guj) 1763

A. P. THAKER
JAGDISHBHAI DHANJIBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: PRADEEP PATEL.
For the Respondents: NIKUNJ KANARA, CHINMAY M. GANDHI, M.B. GANDHI, S.P. MAJMUDAR, FALGUNI D. PATEL, R.V. ACHARYA.

JUDGMENT :

A.P. THAKER, J.

1. In view of order dated 13.3.2017 passed in Civil Application No. 1282 of 2017 in Special Civil Application No. 142 of 2001, both these Special Civil Applications are listed and heard together.

FACTS OF SPECIAL CIVIL APPLICATION No. 142 of 2001

2. Being aggrieved and dissatisfied with the order passed by learned SSRD dated 13/16.10.2001, the petitioner has preferred Special Civil Application No. 142 of 2001 under Article 226 of the Constitution of India for the following reliefs:

    “10.…………

(a) Be pleased to admit this petition.

(b) Be pleased to issue appropriate writ, order or direction in the nature of mandamus quashing and setting aside the order passed by the respondent no. 1 dated 13-16/10/2000 and direct the respondent Village Panchayat to refund the amount taken from 16 persons and hold the auction for sale of plot again in consultation with the competent authority pursuant to the order passed by the District Panchayat on 25-10-1999 after giving due and adequate publicity of auction proceedings amongst village people.

(c) …………

(d) ………..”

3. The short facts giving rise to the present petition are as under:

    3.1 That Notification was issued on 30.1.1999 for auc

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