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SCA/559/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 559 of 2011
=========================================================
SHANTIGAR
MAHARAJGAR & 4 - Petitioner(s)
Versus
COLLECTOR
& 2 - Respondent(s)
=========================================================
Appearance
:
MR
MANAN MAHETA for
Petitioner(s) : 1 - 5.
Mr.L.R.Pujari, AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/02/2011
ORAL
ORDER
By
way of this petition, the present petitioners who are legal heirs of
late Maharajgar Bhavgar who expired on 11.7.94 have challenged the
order dated 26.12.2010 in R.O./Gharkhed/128/06-07 whereby the
Collector held that there is breach of condition and the land was
ordered to be forfeited.
Perusing
the order, prima facie it seems that the order is passed against the
dead person who expired in the year 1994. It also seems that though
application dated 21.12.2010 was given by the petitioners, no notice
was issued to the present petitioners and without giving opportunity
of hearing, passed the impugned order.
In
view of the above, this petition is allowed. The order dated
26.12.2010 in R.O./Gharkhed/128/06-07 is hereby quashed and set
aside. The matter is remanded to the Collector, Bhavnagar for
deciding the same afresh. The Collector, Bhavnagar is hereby directed
to decide the same after issuing notice to the petitioners and after
giving opportunity of hearing to the petitioners.
Direct
service is permitted.
(
M.D.Shah, J )
srilatha
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