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2022 Supreme(Online)(Guj) 5257

GUJARAT HIGH COURT
HASMUKHBHAI ISHWARBHAI PATEL – Appellant
Versus
DY. COLLECTOR AND PRANT OFFICER, GANDHINAGAR – Respondent


Advocates:
['NV GANDHI', 'GOVERNMENT PLEADER', 'NOTICE SERVED BY DS', 'MIT S THAKKAR', 'DECEASED LITIGANT', 'DK CHAUDHARI']

ORAL JUDGMENT

[1] Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondent Nos.1 and 2. Learned advocate Mr. Mit Thakkar waives service of rule on behalf of respondent Nos.3 and 4 (4.1 to 4.3) and learned advocate Mr. D.K. Chaudhary waives service of notice on behalf of respondent Nos.6 and 7.

[2] This petition under Article 227 of the Constitution of India is filed challenging the order No.PO/JAMIN/MAM.COURT ACT/SEC.23(2)/CASE NO.4/2016 dated 12.04.2018 by the Deputy Collector and Prant Officer Gandhinagar. By the impugned order, the Deputy Collector has set aside the order dated 09.10.2015 by the Mamlatdar Court in Case No.11 of 2014. The dispute pertains to agriculture land bearing survey/Block No.94 of village Lavarpur, Taluka and District Gandhinagar, which is own and occupied by the petitioner, whereas agriculture land of Survey/Block No.92/B is co- owned on by the response No.3 and respondent No.4 (real brother of respondent No.3), whereas respondent Nos.6 and 7 are co-owners of survey/block number 107 paiki.

[3] As the petitioner had become owner and occupier of the aforesaid land by way of registered sale deed from his predecessor in title Shr

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