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GUJARAT HIGH COURT
Unnamed, J
Shankarbhai Ravjibhai Gohel v. Arvindbhai Chhaganbhai Solanki
| Table of Content |
|---|
| 1. challenge to a deputy collector's order regarding right of way. (Para 1 , 2 , 3) |
| 2. arguments on procedural compliance regarding remand. (Para 4 , 5) |
| 3. discussion on the legal implications of panchnama evidence. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. final judgment and order for remand. (Para 12) |
1. This petition under Art.227 of the Constitution of India is filed challenging the order dated 2 August 2022 passed by the Deputy Collector, Anand, in Revision Application No.1 of 2022 under the provisions of the Mamlatdars' Courts Act .
2. It is the case where the respondent had claimed a right of way through the agricultural fields belonging to the petitioner through Survey Nos.461 and 468 to get access to his own land bearing Survey No.467 of village Adas, Taluka and District Anand. Originally, the Mamlatdar's Court rejected the application of the respondent. Against which, the respondent preferred a revision application. The Deputy Collector, while accepting the revision application, remanded the matter back to the Mamlatdar for a fresh hearing.
3. It appears that after the remand, once again, the Mamlatdar rejected the suit of the respondent by order dated 30th October, 20
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