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2024 Supreme(Guj) 808

NIRZAR S. DESAI
State Of Gujarat – Appellant
Versus
Sumanbhai Thagabhai Chaudhary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS SHRUTI PATHAK
For the Respondent: MR ANSHIN DESAI, MS VENU H NANAVATY

ORDER :

1. By way of both these petitions, the petitioner State has challenged common order dated 20.2.2008 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BS/56/2001 and Revision Application No.TEN/BS/58/2001. Though there were two different proceedings, which were decided by a common order therefore, these two separate petitions are preferred to challenge the common order in respect of two different proceedings.

2. By way of this petition, the petitioner has challenged the aforesaid order after a period of seven years.

3. Heard learned Assistant Government Pleader Ms. Shruti Pathak appearing for the petitioner - State and learned senior advocate Mr. Anshin H. Desai with learned advocate Ms. Venu H. Nanavaty appearing for the respondent Nos.1 and 2.

4. Brief facts giving rise to the filing of this petition are stated as under :-

4.1 The present respondents happens to be grandson of one Goja Nanka who had three sons and one daughter namely (i) Bilada Goja (ii) Thagare Goja and (iii) Bhera Goja and (iv) Dudhiben. Thagare Goja had two sons namely Khalpa Thagare and Suman Thagare. The respondents are adivasi and belonging to Schedule Tribe community and are tilling ag

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