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LPA/2312/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2312 of 2009
In
SPECIAL
CIVIL APPLICATION No. 3647 of 2009
=================================================
PARMAR
JESANGSINH RAMSINH - Appellant(s)
Versus
STATE
OF GUJARAT, THRO SECRETARY, REVENUE DEPARTMENT & 3 -
Respondent(s)
=================================================
Appearance :
MR
PANKAJ K SONI for Appellant(s) : 1,
MR AJ DESAI, AGP for
Respondent(s) : 1 -
4,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/03/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
appellant, being an army personnel, was entitled for grant of
Government land for carrying on agricultural activities as per the
scheme. Against the demand of land admeasuring 10 Acres, the
appellant was allotted 6 Acres by the grant dated 2.7.1993 with
certain stipulated conditions. One of the conditions, being
condition No. 5, was that in the event the total monthly income
inclusive of pension of the grantee exceeds Rs.750/-, the land shall
be taken back and shall vest in the Government.
2. It
appears that the appellant was serving with the State Bank of India,
Dantiwada Branch as an Armed Guard and was earning salary of more
than Rs.750/- per month. According to the respondents, he was
earning salary of about Rs.4,000/- per month. This was the ground on
which the grant dated 2.7.1999 was cancelled which was confirmed by
the learned Single Judge. We find no infirmity in the order of the
learned Single Judge.
3. The
appeal is accordingly dismissed.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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