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GUJARAT HIGH COURT
S. H. Vora, J
Vibrant Logistics Private Limited v. State of Gujarat and Another
| Table of Content |
|---|
| 1. land tenure and occupancy rights (Para 2 , 3 , 4 , 8) |
| 2. arguments presented by petitioners and respondents (Para 5 , 6) |
| 3. collector's jurisdiction and legal principles under section 65-b (Para 10 , 12 , 13) |
| 4. collector's inquiry must focus on title, not tenure (Para 11) |
| 5. final ruling directing action on the application (Para 14 , 15) |
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 agricultur
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