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2023 Supreme(Guj) 915

N. V. ANJARIA, J. C. DOSHI
State of Gujarat – Appellant
Versus
Natwarlal Jagdishbhai Acharya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : L.B. Dabhi
For the Respondent: Archana R. Acharya.

JUDGMENT :

J.C. DOSHI, J.

1. This intra Court appeal under clause 15 of the Letters Patent is directed against the judgment and order dated 26.7.2019 delivered in Special Civil Application No. 18931 of 2016 passed by the learned Single Judge, whereby the learned Single Judge held that the order passed by the Collector in Appeal/Jaman/108(6) Case No. 83 of 2016 is bad in law and hence, quashed and set aside the order.

2. Facts are briefly stated as, the original petitioner has purchased land bearing survey No. 535/1 situated at village Thanpar, Tal: Rapar, Dist: Kachchh on 26.4.2005 from one Jayeshbhai Bhanji Patel, power of attorney holder of original owner Kuvarbai Akhaibhai Chaudhary, by way of registered sale deed No. 897. The registered sale deed has been given effect by the revenue department by mutating entry No. 607 in favour of the original petitioner on 26.2.2006 and certified on 27.9.2007. Subsequently, the Deputy Collector passed an order of promulgation and also passed an order giving effect of mutation entry No. 747 dated 16.9.2008 in the revenue records, which was certified on 26.12.2008. After a span of seven years, the Secretary and Commissioner (Land Development), Rev

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