N. V. ANJARIA, NISHA M. THAKORE
Keshubhai Virbhanbhai Vala – Appellant
Versus
Special Secretary (Appeals) Revenue Department – Respondent
| Table of Content |
|---|
| 1. common judgment dismissed; land dispute concerns. (Para 2 , 3) |
| 2. claim of occupancy price and land use raised by the appellant. (Para 5) |
| 3. court's analysis of conditions and compliance failure. (Para 6 , 7) |
| 4. confirmation that appeals are dismissed. (Para 10 , 11) |
JUDGMENT :
(N.V. Anjaria, J.)
Heard learned senior advocate Mr. P.C. Kavina assisted by learned advocate Mr.Viral Gurjar for the appellants in both the appeals, learned senior advocate Mr. Kamal B. Trivedi with learned advocate Mr. G.H. Virk for respondent no.6, learned senior advocate Mr. Mihir Joshi assisted by learned advocate Mr.Amar Mithani for respondent no.5 and learned Assistant Government Pleader Ms.Shruti Dhruve for respondent no.1.
2. The appellant-original petitioner seeks to call in question by filing the present Letters Patent Appeal, the common judgement and order of learned Single Judge dated 29.09.2023 whereby the two Special Civil Application No. 16587 of 2022 and Special Civil Application No. 16588 of 2022 came to be dismissed. Learned Single Judge upheld the common order dated 27.07.2022 passed in the revision application by the Revisional Authority-Secretary (Appeals).
2.1 The order of
D.K. Maru vs. State of Gujarat
Orissa Industrial Infrastructure Development Corporation vs. M/s Mesco Kalinga Steel Ltd.
Failure to comply with occupancy price payment negates any rights to land under the Gujarat Agricultural Land Ceiling Act, despite previous claims.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
A Collector cannot impose a condition for payment of non-agriculture premium under Section 65-B when determining an application for land use without deciding the occupancy rights.
The court confirmed that Occupancy Rights Certificates were validly issued under the A.P. (Telangana Area) Inams Abolition Act, 1955, emphasizing the precedence of ownership rights over tenancy claim....
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