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2023 Supreme(Guj) 1028

A. S. SUPEHIA
Jainu Nazarali (Deceased) Through Legal Heirs – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Vimal A Purohit
For the Respondent: Mr Jayneel S. Parikh, AGP

JUDGMENT :

1. At the outset learned Advocate Mr.Vimal Purohit has submitted that the present writ petition is squarely covered by the judgement dated 15.03.2022 passed in Special Civil Application No.17606 of 2019.

2. By way of this petition the petitioners have challenged the show cause notice dated 19.07.2019 issued by the District Collector, Porbandar for the alleged breach of Section 54 of the Saurashtra Gharkhed Tenancy Settlement and Agriculture Lands Ordinance, 1949 (for short, `Gharkhed Ordinance’) in suo motu proceedings being Jamin-3/F.A. No.132/2019/Saurashtra Gharkhed/Ord./Case No.05 of 2019 under Section 75 of the Gharkhed Ordinance.

3. Since the issue involved in this petition is in a very narrow compass and, therefore, with the consent of Mr.Vimal Purohit, learned advocate for the petitioners and Mr.Parikh, learned AGP for the State respondents, the petition is taken up for final hearing.

4. Issue RULE. Mr.Parikh, learned AGP waives service of notice of rule on behalf of State respondents.

5. The facts, as narrated in the memo of the petition are that land bearing survey No.1225 (Old Survey No.143/2), admeasuring 2-49-74 Hec.-Are-Sq.Mtrs. situated at Village Adityana, Tal

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