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2023 Supreme(Guj) 606

BHARGAV D. KARIA
SHRI KHODALDHAM TRADERS – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: BHAUMIK DHOLARIYA.
For the Respondent: KRUTIK PARIKH.

ORDER :

1. Heard learned advocate Mr.Bhaumik Dholariya for the petitioner and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent-State who appears on advance copy.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the notices dated 8th February, 2023 issued by the respondent No. 2-City Mamlatdar, Asarwa purportedly under Section 202 of the Bombay Land Revenue Code, 1879 (for short ‘the Code’).

3. The brief facts of the case are as under:

    3.1. The petitioner is a proprietorship firm and is in the business of retail trading of building materials in the name and style of Shri Khodiyar Traders.

3.2. It is the case of the petitioner that Survey No. 826/1 of Moje: Naroda, Taluka: Asarwa, District: Ahmedabad originally was 10 Acre 34 Gunthas of land. One Munir Abdul Hussein Jivabhai purchased half of the land admeasuring 5 Acre 17 Gunthas from Survey No. 826/1 by registered sale-deed dated 18.02.1941. It is the case of the petitioner that Entry No. 2493 came to be mutated recording the said transaction on 09.03.1941. As there was mistake in mentioning name of Abdul Hussein, Entry No. 4726 came to be mutate

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