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2023 Supreme(Guj) 1003

A. S. SUPEHIA
Nagarbhai Bhikhabhai Kedva – Appellant
Versus
Deputy Collector, Banaskantha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : UMARFARUK M KHARADI
For the Respondent: MR DARSHAN B GANDHI, MR SP MAJMUDAR

JUDGMENT :

1. RULE. Learned advocates appearing on behalf of the respective respondents waive service of notice of Rule. Since a short issue is involved in the writ petition, the same is finally heard and decided today.

2. In the present writ petition, the petitioners have assailed the order dated 25.05.2022 passed by the Deputy Collector, Palanpur, District Banaskantha in Revision Case No.6 of 2022 and a further prayer is sought to restore the order dated 21.02.2022 passed by the Mamlatdar, Palanpur in Mamlatdar Case No.1 of 2022 (Old Case No.4 of 2021).

3. The brief facts leading to filing of the present petition are as under : -

3.1 It is the case of the petitioners that they are the owners and occupiers of the land bearing Survey Nos.757 and 765 situated at Village Sejalpura, Taluka Palanpur, Dist. Banaskantha, whereas the respondent Nos.3 to 5 jointly own Survey Nos.762, 763 and 723 and the respondent Nos.6 and 7 jointly own the land bearing Block Nos.764, 759 and 760.

3.2 In the month of June, 2021, the respondent Nos.3 to 7 have instituted a suit being Case No.1 of 2022 (Old Case No.4 of 2021) against the petitioners under Section 5(2) of the Mamlatdars’ Courts Act, 1906 (for sho

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