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2024 Supreme(Online)(GUJ) 15393

HIGH COURT OF GUJARAT
MR. JUSTICE DEVAN M. DESAI, J
STATE OF GUJARAT – Appellant
Versus
BACHUBHAI MANIRAMDAS(DECD.) HEIR RAMABEN BACHUBHAI – Respondent


Advocates:
GOVERNMENT PLEADER for the Appellant(s) No. 1,2,3,4,5,6,7,8 for the Defendant(s) No. 4 ADVOCATE NOTICE SERVED for the Defendant(s) No. 1,22,23 MR BHUNESH C RUPERA(3896) for the Defendant(s) No. 12,13,14,16.1,16.2,16.3,17,18.1,18.2,2,20,3,4,5,6.1,6.2,8 NOTICE SERVED for the Defendant(s) No. 10,11,15,19,21,24,25,7,9

Table of Content
1. plaintiffs sought possession (Para 3)
2. appellants contended jurisdiction (Para 4)
3. learned agp submitted (Para 5 , 6)
4. first appeal succeeds (Para 7)

ORAL ORDER

1. This is an appeal filed under Section 96 of the Code of Civil Procedure, 1908 (for short, the Code) assailing the judgment and decree dated 1.4.2000 passed by the 3rd Joint Civil Judge (Senior Division) Bhavnagar in Special Civil Suit No.69 of 2000.

2. Heard learned AGP Mr. Aditya Davda for the appellants and learned Advocate Mr. Bhunesh Rupera for the respondents.

3. The respondents / plaintiffs are the farmers of the land admeasuring about 147.24 acres - Guntha of Talaja Taluka, district Bhavnagar. The suit land was acquired by the State for the purpose of trial-cum-demonstration i.e. TCD Farm of Sugarcane, Research Centre and Trial-cum-Demonstration Farm Seeds Development Centre. The acquisition proceedings were initiated in the year 1962– 63 by the Agriculture Department of Government of Gujarat. 1964- 1979, the cultivation of sugarcane was never made over the suit land and since the purpose of acquisition has not been fulfilled, Government is required to give back the land and the plaintiffs are

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