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1988 Supreme(Online)(Guj) 3

GUJARAT HIGH COURT
, J
Vijaya Bank Ahmedabad v. State of Gujarat and Others


Advocates:
For the Appellants/Petitioners:Advocate X
For the Respondents:Advocate Y

Table of Content
1. claim of mortgage interest under urban land ceiling. (Para 1)
2. nature of appeal under section 10(2) discussed. (Para 2 , 3)
3. final ruling directing reconsideration of appeal. (Para 4 , 5)

1. The petitioner Vijaya Bank claimed that it had interest as mortgagee in the land bearing survey No. 189 of Rajkot admeasuring 4 acres and 18 gunthas belonging to M/s. Narotamdas Dharamshi Maniar. The land - holders had filled in necessary form as required under the provisions of Sub-Section (1), S.6 of the Urban Land (Ceiling and Regulation) Act, 1976 in the proceedings before the Competent Authority. After necessary enquiry the Competent Authority held against the land - holder and served a statement under S.9 of the Act upon him on Nov. 23, 1983. Thereafter a notification under S.10(1) of the Act was issued. At this stage the Bank preferred its claim before the Competent Authority. The Competent Authority, as per its order dated Nov. 27, 1984, held that the claim preferred by the Bank was without substance inasmuch as the Bank was never permitted by the authorities to make finance to the firm of M/s. Narotamdas Dharamshi Maniar for any other purpose except agriculture. T








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