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2018 Supreme(Online)(Guj) 7037

DECEASED GULABBHAI GHELABHAI BHAVASAR THROUGH HIS HEIR AND LEGAL REPRESENTATIVE – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL JUDGMENT

1. Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India as well as under the provisions of Gujarat Land Revenue Code, 1879 (hereinafter referred to as the 'Code') read with Rules framed thereunder, for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued quashing and setting aside the impugned orders at Annexures-A,B and C on the ground stated in the memo of petition.

2. Heard learned advocate Shri N.V. Gandhi for the petitioner and learned AGP Shri Manan Mehta for the respondent-State.

3. Learned advocate Shri N.V. Gandhi for the petitioner referred to the background of the facts as well as the impugned orders produced on record and submitted that the transaction has taken place in 1981. He submitted that as stated in the recitals of the sale deed produced on record, the petitioner has already been in peaceful possession of the land prior thereto since 1977 and the consideration has been paid as per the agreement to sale. However, the Deputy Collector has in exercised of power under Section 73AA of the Code, initiated the proceedings that the transaction has taken place is without pe

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