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LPA/1742/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1742 of 2009
In
SPECIAL
CIVIL APPLICATION No. 2248 of 1992
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B
J GADHVI - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
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Appearance :
MR
SN SHELAT, SR. ADVOCATE with MR SHITAL R PATEL for Appellant(s) :
1,
MR UA TRIVEDI, ADDL. GOVT. PLEADER for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/09/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
learned counsel appearing on behalf of the appellant has enclosed
certain documents to suggest that 16 Acres of land in Magdod village
of Valsad District was not allotted to him on the ground as an
Ex-army man. It was allotted by the Collector pursuant to the
Government Resolution dated 20.3.1965 for plantation of coconut
trees. The appellant came to know of the aforesaid fact under the
Right to Information Act, as at page 454 and the Collector, Valsad
also brought the aforesaid fact to the notice of the concerned
Secretary by letter dated 29.11.1983. The aforesaid records could
not be produced before the learned Single Judge and if such records
are taken into consideration, it will be evident that on wrong
presumption that the land was allotted to the appellant as an Ex-army
personnel, the allotment was cancelled.
The
learned counsel appearing on behalf of the respondent State is
allowed two week’s time to obtain instructions in regard to the
aforesaid stand as taken and the documents enclosed by the appellant
in support of such stand.
The
counsel for the appellant will file English version of the Gujarati
documents by the next date.
The
appeal may be disposed of at the stage of admission.
Post
the matter on 7th October, 2010.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
sundar/-
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