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SCA/10062/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10062 of
2008
=========================================================
SHREE
NANA KAPAYA-BORANA JUTH GRAM PANCHAYAT - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
JAGDISH H MEHTA for Petitioner(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 06/08/2008
ORAL ORDER
1. Learned
advocate, Shri Jagdish H.Mehta, for the petitioner-Gram Panchayat
submitted that contrary to what is recorded by the Collector in his
order dated 17.4.2006, land being granted to respondent No.5 was part
of Gauchar Land. He drew my attention to the revenue records in this
regard produced at page Nos. 32 and 33 with this compilation. He
further submitted that though the Revenue Secretary in his impugned
order refers to a previous revision application filed by one Shri
Hari Dosa Gadhvi for the same purpose in which it is stated that
Panchyat was a party, Panchayat had never received any notice of
such proceedings at any point of time. He, therefore, submitted that
grant of Gauchar land in favour of respondent No.5 without hearing
the Panchyat was illegal.
2. Issue
notice returnable on 13th August, 2008. Direct service is
permitted.
(AKIL
KURESHI, J.)
ashish//
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