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2024 Supreme(Guj) 778

NIRZAR S. DESAI
Jayantibhai Gandabhai Patel – Appellant
Versus
Deputy Collector, Dhangadhra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hriday Buch.
For the Respondents: Nanavati & Co., Ms. Nirali Sarda, AGP, Notice Served.

JUDGMENT :

1. With consent of learned advocates for the respective parties, the matter is taken up for final hearing. Hence, RULE. Learned AGP Ms. Nirali Sarda waives service of notice of rule for and on behalf of the respondents – State.

2. Heard learned advocate Mr. Hriday Buch for the petitioner, learned advocate Ms. Manavi Dhamle for learned advocate Mr. Maulik Nanavati for Nanavati & Co. for the respondent no. 3 and learned AGP Ms. Sarda for the respondents – State.

3. By way of this petition, the petitioner has challenged the orders dated 26.03.2021 passed by the Deputy Collector, Dhangadhra in Revision Case No. 1 of 2021 and order dated 17.12.2020 passed by the Mamlatdar, Dhangadhra in Mamlatdar Case No. 15 of 2020.

4. The brief facts giving rise to the present petition are stated as under:-

4.1. It is the case of the petitioner that the petitioner is owner and occupier of the land bearing Survey No. 202 (old Survey No. 98) situated at Village: Pratappur (Chandrsar) Taluka: Dhangdhra whereas the respondent no. 3 is the co-owner of the land bearing Survey No. 186 (Old Survey No. 97 paiki 1) situated at the western side of petitioner’s land.

4.2. On 03.07.2020, the respondent no. 3

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