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2022 Supreme(Guj) 1804

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Late Suraji Savaji Thakor Through His Legal Heirs – Appellant
Versus
Special Secretary (Appeals) – Respondent


Advocates Appeared:
For the Appellant : Mr. Vimal A. Purohit.
For the Respondent: Mr. K.M. Antani, Sunilsinh J. Chauhan.

JUDGMENT :

(Ashutosh J. Shastri, J.)

1. By way of this Letters Patent Appeal the appellants - original petitioners have questioned the legality and validity of an oral order dated 01.12.2021 passed by the learned Single Judge in Special Civil Application No. 16881 of 2020.

2. The background of facts in brief is that the appellants - original petitioners are the legal heirs of Suraji Savaji (tenant) had applied for grant of land on 11.02.2014. The subject land in question bearing Survey No.945/2a+3a+4a paiki, admeasuring 7790 sq.mtrs., situated at Village : Uvarsad, Taluka & District : Gandhinagar. The said land in question was cultivated by the Suraji Savaji i.e. ancestor of the original petitioners in the capacity as a tenant and as such was declared as permanent tenant by virtue of order of Mamlatdar dated 27.11.1947 and accordingly, the mutation entry was also incorporated in the revenue record on 20.04.1948 being Entry No.3207. Under the provisions of Section 32 G of Tenancy Act, said Suraji Savaji i.e. ancestor of the original petitioners being the tenant was called upon whether he is desirous of purchasing the land in question or not but said Suraji Savaji had expired in the ye

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