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NIRZAR S. DESAI
Thakarbhai Devjibhai Maniya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
With consent of learned advocates for the respective parties, the matter is being taken up for final hearing. Rule. Learned advocate Ms.Jani waives service of notice of Rule on behalf of respondent No.3 and learned Assistant Government Pleader Mr.Bharat Vyas waives service of notice of Rule on behalf of respondent – State authorities.
1. By way of this petition, the petitioner has prayed for following reliefs:
AA) This Hon’ble Court may be pleased to issue appropriate writ, order or direction by quashing the order dated 15/2/2018 passed by the learned Mamlatdar, Botad in Gharkhed case no.2 of 2018.
B) That pending admission herein and final disposal of this petition, this Hon’ble court be pleased to stay the implementation of impugned dated: 8/12/2017 p
Point of Law : Powers under Article 227 of the Constitution of India to interfere with a finding within the jurisdiction of inferior tribunal except where the findings are perverse and not based on a....
The challenge to the permission under Section 54 of the Ordinance paled into insignificance as the sale deed was already executed and challenged before the Civil Court, and the authorities were not o....
Revisionary powers must be exercised within a reasonable timeframe; actions taken after significant delays are deemed unjustifiable, preserving the validity of transactions during that period.
The main legal point established is that the absence of permission and validation under the A.P. (T.A.) Tenancy and Agriculture Land Act 1950 renders a sale transaction void and unlawful.
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
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