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1990 Supreme(Guj) 115

C.V.JANI
EVERGREEN APARTMENT CO OPERATIVE HOUSING SOCIETY – Appellant
Versus
SPECIAL secretary, REVENUE DEPARTMENT, GUJARAT STATE – Respondent


Advocates Appeared: M.I.HAVA, S.D.TALATI

JANI, J.

( 1 ) IN this petition, purporting to be under Art. 226 of the Constitution of India, the petitioner-Co-operative Society has challenged the order Annexure c dated 30-1-1988 passed by the Colllector, Surat in Appeal No. 427 of 1987 and the confirming order by the Additional Chief Secretary, Revenue Department, annexure b, in Appeal No. 12 of 1988 under the provisions of the Bombay land Revenue Code and Bombay Land Revenue Rules.

( 2 ) THE petitioner-Society was registered on 7/08/1973. According to the petitioner the land in question bearing Survey No. 159/2 belonged to ranchhodbhai Parshottamdas, Ishwarlal Parshottamdas and Chhaganlal parshottamdas jointly. The said Ranchhodbhai Parshottamdas had guaranteed repayment of loan taken by one Laxmiben Chhotubhai of Ambetha, Tal. Olpad who had taken loan from Shri Ambetha Vibhag Seva Sahkari Mandli ltd. As the debt was not paid the Society took steps for recovery of its dues under the provisions of Gujarat Co-operative Societies Act and ultimately a certificate under Sec. 106 of the said Act was issued. The Special Recovery officer, Surat held public auction of Survey No. 159/2 admeasuring about 4 acres on 28/04/1981. The petiti














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