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2023 Supreme(Guj) 607

BHARGAV D. KARIA
NARENDRABHAI MOHANBHAI DHOLARIYA – 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 petitioners and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent-State who appears on advance copy.

1.1 Learned advocate Mr.Dholariya has tendered a draft amendment. The same is allowed.

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

3.1. The brief facts of the case emerging from the record is that the petitioners, who are legal heirs of one Narendrabhai Dholariya have challenged the impugned notice and previous notices to vacate the land occupied by them which is a Government land.

3.2. It is the case of the petitioners that the father of the petitioners, late Narendrabhai Dholariya, was proprietor of M/s.T.K. Construction engaged in providing construction centering material. Father of the petitioners passed away on 05.05.2021 and the brother-in-law of the late father of the petitioners is looking after the business of M/s.T.K. Construction thereafte

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