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2016 Supreme(Online)(Guj) 9

GUJARAT HIGH COURT
S. H. Vora, J
Vibrant Logistics Private Limited v. State of Gujarat and Another


Advocates:
For the Appellants/Petitioners: Mihir Thakore, Archana Acharya
For the Respondents: Rakesh Patel

1. The matter is taken up for final hearing and disposal with consent of learned advocates for the parties. Hence, RULE. Learned Assistant Government Pleader Mr. Rakesh Patel waives service of Rule for the respondents.

2. Challenge made in the present petition is against the communication dated 9.3.2015 at Annexure - A issued by the respondent No. 2 - the Collector, informing the petitioner that as per the promulgation register, for the land bearing survey No. 334 admeasuring A.8.21 Gunthas (old Survey No.613-2 ad - measuring 7 Acre), since occupancy rights were granted to Rama Kumbha Virda under S.6 of the Bombay Inam (Kachchh Area) Abolition Act, 1958 (“the Act”) on payment of 6 pats (6 times) the amount of assessment as recorded by entry no. 158 in the record of rights, the land is of new tenure subject to payment of non agriculture premium and, therefore, further action on the application under S.65B of the Gujarat Land Revenue Code , 1879 ('the Code') shall be taken only after the petitioner submits undertaking on the stamp paper of Rs.100.00 for payment of the NA Premium.

3. The petitioner is the owner of the land in question as second successor in interest. The case of the pe























































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