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2023 Supreme(Guj) 558

A. S. SUPEHIA
Natvarlal penubhai decd. Thro' legal heirs – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR YN OZA, SENIOR ADVOCATE, with MR RAJESH K SAVJANI
For the Respondent:DECEASED LITIGANT, MR JAYNEEL PARIKH, MR PRASHANT G DESAI, SENIOR ADVOCATE with MR. KAUSHAL D. PANDYA, MR DHAVAL D VYAS, MR KK TRIVEDI

JUDGMENT :

(1) The present writ petitions emanate from Town Planning Scheme Surat No.6 (Majura-Khatodra) with regard to Final Plots No.85 and 86 situated in Village Majura, Taluka Choryasi, District Surat (Original Plot No.53/A).

FACTS:

(2) It is the case of the petitioners that they are the owners and occupiers of the aforesaid Final Plots No.85 and 86 (Original Plot No.53/A and later on bifurcated into Survey No.53/2/1 and Survey No.53/2paiki) as per the Town Planning Scheme.

2.1) Pursuant to a registered partition deed dated 03.10.1975 entered into between the members of Penubhai Parshottambhai HUF namely - (1) Penubhai Parshottambhai, (2) Parsanaben Parshottambhai, (3) Natvarlal Penubhai, (4) Vasudev Penubhai, (5) Devidas Penubhai, (6) Chandrakant Penubhai; and (7) Shivdas Penubhai, the concerned plot is divided into seven equal parts amongst the petitioners. The petitioners in their support have produced a map annexed with the partition deed.

2.2) Accordingly, on 03.11.1975, Entry No.1350 came to be mutated in the revenue record, showing partition and names of all seven parties to the partition deed, which was certified on 31.12.1975.

2.3) The petitioners have stated that the parcel

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