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CA/4414/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4414 of 2010
In
LETTERS
PATENT APPEAL No. 2206 of 2007
In
SPECIAL
CIVIL APPLICATION No. 7342 of 2007
=========================================
MOTILAL
KUNVARJI MARVI THRO'POA PRAVINBHAI D PARMAR & ORS
Versus
STATE
OF GUJARAT THRO.THE PRINCIPAL SECRETARY & ORS
=========================================
Appearance :
MR
SP MAJMUDAR
WITH MR PP MAJMUDAR for Petitioners
GOVERNMENT PLEADER for
Respondent No.1
None for Respondent Nos. 2 - 4.
MR KK TRIVEDI
for Respondents 3.2.1 - 5.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/04/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
From
the order dated 08.09.2008 passed in Civil Application No. 15032 of
2007, it appears that, the applicants, original owners of the
disputed lands claim that in spite of the possession taken over
by the State Government in the month of March, 2007, the applicants
have continued to be in possession of the lands in question.
Certain evidence have been produced in support of such claim. Having
noticed such submission, this Court vide order dated 08th
September, 2008, directed not to disturb the possession of the
applicants of the disputed lands or to utilize the disputed lands
for any purpose, on condition that the applicants will maintain
status quo as to the possession and nature of use of the disputed
lands.
In
the present case, the applicants Motilal Kunvarji Marvi and
three others claim that they have purchased some other lands than
the land declared surplus. Therefore, the interim order of status
quo dated 08th September, 2008 will not be applicable to
them.
2 We
have heard the learned counsel appearing on behalf of the
applicants-Motilal Kunvarji Marvi and three others and learned
counsel appearing for the original owner and State. From the order
dated 08.09.2008, it is evident that the said order relates to the
land which was declared surplus, of which the State Government
claiming to have taken possession in March, 1987, but the original
owners claim that they are in possession. If the applicants have
purchased some other lands than the land which was declared
surplus, the interim order will not affect them and in such case
they are not necessary party.
3
The Civil Application is disposed of accordingly. Let Letters Patent
Appeal be posted on 06th May, 2010 for disposal.
(S.J.
MUKHOPADHAYA, C.J.)
(AKIL
KURESHI, J.)
pnnair
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