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SCA/3535/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3535 of 2011
=========================================================
DAADBHAI
KATHADBHAI VALA DECEASED THROUGH HIS HEIRS & 5 - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH PRINCIPAL SECRETARY & 2 - Respondent(s)
=========================================================
Appearance :
MR
PJ VYAS for
Petitioner(s) : 1 - 6.
MS. JHAVERI, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/03/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioners have prayed for following relief:
(a). To
issue a writ of mandamus or any other appropriate writ, directions
and/ or orders directing and/ or commanding the respondents and in
particular the Collector Shri, Amreli to handover back the said land
bearing Survey No.629 admeasuring Acres H-6-49-52 + Pot Kharaba
0-8-09 totally admeasuring H-6-57-61 situate at Babara, Tal: Babara,
Dist. Amreli to the petitioners;
(b). Pending
the hearing and final disposal of petition, direct the respondents
and in particular the Collector Shri, Amreli to maintain status quo
of the land in question;
2. At
the outset, it is required to be noted that the land in question was
already given to the then erstwhile Bombay State by the grandfather
of the petitioners somewhere in the year 1960. It also appears from
the mutation entry which was recorded in the year 1960 that more
particularly entry no. 759 dated 17.1.1960, the land in question was
given by the grandfather of the petitioners i.e. Dadabhai Kathadbhai
to the erstwhile State of Bombay, Agriculture Department, by way of
some settlement and / or understanding. Once the land in question is
vested absolutely in favour of the State Government, it is not open
for the petitioner being heirs of the original land owner Dadabhai
Kathadbhai to claim or reclaim or pray for regrant of the land in
question as State Government has become absolute owner of the land in
question. Hence, there is no substance in the present petition, which
deserve to be dismissed and is accordingly dismissed.
(M.R.SHAH,J.)
kaushik
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