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SCA/10759/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10759 of 2011
=========================================================
GHANCHI
MOHAMMAD HUSAIN AKBARBHAI - Petitioner
Versus
STATE
OF GUJARAT & 3 - Respondents
=========================================================
Appearance :
MR
RR MARSHALL, SR. ADVOCATE WITH MR SATYEN B RAWAL
for Petitioner None for
Respondents : 1,3 - 4.
BHARGAV KARIA & ASSO for Respondents :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/08/2011
ORAL
ORDER
Heard
learned advocate for the petitioner and Mr. Karia, learned advocate
for respondent no.2 on caveat.
Learned
advocate for the petitioner has taken this Court through various
documents indicating that way back in the year 1906, the land in
question was granted by the then rural of Dhrangadhra State to his
ancestral. The record to this effect is shown. The grant was after
realizing the price fixed and entires to that effect have been
available on record. The application made under Section 37(2) was
decided in favour of the petitioner. The order thereon was ordered
to be taken in review at the behest of the then Chief Minister and
the concerned Collector, thus, had taken that order into review and
relied upon consideration, which did not reflect proper application
of mind.
On
earlier occasion, there appears to be one petition being Special
Civil Application No. 7760 of 1998 is filed, wherein, this Court
(Coram: Y.B. Bhatt, J.)(as he then was) vide order dated 10.8.1999
admitted the matter and granted an order of status quo.
Shri
Karia, learned advocate appearing for the respondent no. 2 on caveat
submitted that case of the petitioner is based upon the absolute
wrong premise in as much as, the pedigree relied upon by the
petitioner does not disclose the person in whose favour the
Dhrangadhra State has granted land. The intervening facts that in
the year 1923 one Koli Jasa Hari was also granted said land and as
holder at the relevant time, had left for the territory, which is
now be falling under Pakistan.
This
court is of the view that as there is already matter being Special
Civil Application No. 7760 of 1998 pending, this matter is required
to be ordered to be heard along with said matter. Hence, Rule.
This matter be heard along with Special Civil Application No. 7760
of 1998.
At
this stage, Shri Karia, learned advocate submitted that let there be
a permission to the respondent no.2 for filing note for fixing early
date of hearing so far as Special Civil Application No. 7760 of 1998
is concerned. Liberty, as sought for is granted. Office is directed
to circulate the note, as and when it is filed by learned advocate
Shri Karia in Special Civil Application No. 7760 of 1998.
(S.R.BRAHMBHATT,
J.)
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