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2023 Supreme(Guj) 858

A. J. DESAI, BIREN VAISHNAV
Dahyabhai M. Solanki – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Y.N. Ravani, G.R. Manav.
For the Respondent: Krutik Parikh.

ORDER :

1. Amendment allowed.

2. By way of present appeal under Clause 15 of the Letters Patent, challenge is to the common oral judgment dated 01.05.2023, by which, the judgment and order passed by the City Civil Court, Ahmedabad, in various civil appeals, exercising its powers under Sec. 9 of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972, came to be dismissed confirming the order passed by the authority evicting the petitioners from the government land under the aforesaid provisions.

3. Learned Assistant Government Pleader Mr. Krutik Parikh, has raised preliminary objection about maintainability of the appeals, and therefore, this issue has to be decided first at this stage.

3.1 Mr. Krutik Parikh, learned AGP, would submit that the officers authorized under the Public Premises Act has taken out proceedings under the aforesaid Act and passed an order of evicting the respective appellants having found in unauthorized occupation of government property. The said order was challenged by the appellants by various appeals under Sec. 9 of the Act. Appeals came to be dismissed by respective orders. As per Sec. 10, the decision of the Appellate Court, being the Ahm

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