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2021 Supreme(Online)(Guj) 6747

HIGH COURT OF GUJARAT
DR. A. P. THAKER, J
MAHEZBIN MOHAMMAD ARIF KURESHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR HARSHADRAY A DAVE
For the Respondents: MR JB DASTOOR, MR NIKUNJ KANARA, AGP

Table of Content
1. petitioners seek judicial review due to lack of notice. (Para 1 , 2 , 3)
2. arguments from both sides regarding the opportunity to be heard. (Para 4 , 5)
3. discussion on jurisdiction and principles of natural justice. (Para 6 , 7)
4. the necessity of proper notice for a valid order. (Para 8 , 9)
5. outcome of the case after reaffirming the need for adherence to natural justice. (Para 10 , 11)

JUDGEMENT

1. By filing this petition, the petitioners have mainly prayed to quash and set aside order dated 17.6.2021 passed by respondent no.2 at Annexure to the petition and declare the same as null and void and also prayed to remand the matter.

2. It is the case of the petitioners that they are owners of property bearing City Survey No.893, 894, 895 and 896/A/1 situated at Shahpur Ward-1 of Taluka City, District Ahmedabad. It is stated that out of total land of 206.06 sq.mtrs. of Survey No.896/A/1, the petitioners sold land admeasuring 32.60 sq.mtrs. in favour of respondent nos.5 to 7 in 1994 and possession was handed over to them. It is the case of the petitioners that later on respondent nos.5 to 7 sold said land to respondent nos.3 and 4. Res


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