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NIRZAR S. DESAI
Shantibhai Ranchodbhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
NIRZAR S. DESAI, J.
1. By way of this petition, petitioner has prayed for the following reliefs:
(B) During the pendency and Final Disposal of the present petition YOUR LORDSHIPS may be pleased to stay operation, implementation and execution of the impugned orders dated 18.01.2022 and 10.02.2022 passed by the learned Deputy Collector (At Annexure-F COLLY) in application nos. 40305220000150 and 403052200001016 respectively and further be pleased to direct respondent no. 2 to issue a certificate of agriculturist in favur of petitioner.
(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”
2. Heard learned advocate Mr. Nishit P. Gandhi
The status of an agriculturist by way of succession and family arrangement cannot be denied based on mutation entries, and the authorities must consider the relevant G.R. and legal principles in such....
The main legal point established in the judgment is the importance of holding agricultural land to establish agriculturist status and the criticism of authorities for disregarding the petitioner's co....
Section-54 of the Ordinance, the entire land is to be vested to the government without compensation and encumbrance as per Section-75(A)(1)(2) of the Ordinance. Accordingly, the order of the Collecto....
The central legal point established in the judgment is that the rejection of mutation entry and subsequent orders must be justified by evidence, especially when the status of the petitioner as an agr....
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