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SUNITA AGARWAL, PRANAV TRIVEDI
Becharbhai Dhanrajbhai Anjana – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
This intra-court appeal is directed against the judgment and order dated 13.08.2013 passed by the learned single Judge in dismissing the writ petition with the cost of Rs. 25,000/-.
2. The relevant facts to adjudicate the controversy, at hands, as narrated in the writ petition, are that the grand-father of the petitioner Nos. 1 and 2 namely late Dhanrajbhai Hathibhai and the grand-father of respondent No.3 (originally impleaded through his heirs and legal representatives) namely Dahyabhai Lalabhai (called as Lala Harkha) were cultivating the land bearing Survey No. 86 of mouje Jalotra on Eksali lease basis, separately. The part of the land bearing Survey No. 86, which was being cultivated by the grand-father of the petitioners has been mentioned being known as Survey No. 86/1, whereas the remaining part of the land, cultivated by late Lala Harkha, is mentioned as being known as 86/2. It is stated that the actual measurement of Survey No. 86 was 29 Acres 4 Gunthas (29.04).
3. The contention in the writ petition is that vide order dated 29.10.1955, the Prant Officer, Palanpur granted the land bearing Survey No. 8
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