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2024 Supreme(Guj) 1856

SUNITA AGARWAL, PRANAV TRIVEDI
Babubhai Mafatbhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. MIHIR THAKORE, SR. ADV. WITH MR HARSHADRAY A DAVE
For the Respondent:MS. HETAL PATEL, PLEADER for the MR. SHALIN MEHTA, SR. ADVOCATE WITH MR TATTVAM K PATEL, VIRAL K SHAH

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)

1. Present appeal preferred under Clause-15 of the Letters Patent is assailing the legality and validity of the Judgment dated 10.3.2017 passed by the learned Single Judge in Special Civil Application No. 18463 of 2015.

2. The prayers in the writ petition was to declare the allotment of land admeasuring 1037.72 sq. mtrs and 593.68 sq. mtrs of land from petitioner's land bearing revenue Survey No. 702, Village: Makarba, District: Ahmedabad (hereinafter referred to as 'the disputed land' for short) as illegal, arbitrary and unconstitutional. Further prayers were made to quash and set-aside the allotment orders dated 4.6.2013, 19.8.2013 and 23.1.2014. It was further prayed to declare that the possession of the land in question was not taken by the State authorities legally and, therefore, they be restrained to take possession of the land admeasuring around 1330 sq. mtrs of survey No. 702/2.

3. The learned Single Judge was pleased to dismiss the writ petition by way of impugned order which is now assailed in the present appeal.

4. The facts which has led to filing of the writ petition and consequently the present appeal are as under:

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