SCA/5623/1985 of MOTISINH B RATHOD Vs STATE OF GUJARAT on 9 December 1997

1. Whether reporters of local papers may be allowed to see the judgment ?

2. To be referred to the reporters or not ?

3. Whether their lordships wish to see the fair copy of the judgment ?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ?

5. Whether it is to be circulated to the Civil Judge?

MOTISINH BAPUSINH RATHOD

VERSUS

THE STATE OF GUJARAT & ORS.

--------------------------------------------------------- Appearance: None present for Petitioner MR HL JANI for Respondents

---------------------------------------------------------

Coram: S.K. Keshote,J

Date of decision: 9/12/1997

C.A.V. JUDGMENT

Perused the Special Civil Application and heard the learned counsel for respondents.

2. The order impugned has been passed in this Case under Section 73-AA of the Bombay Land Revenue Code. Admittedly, the land has been taken by the petitioner from respondent No.3 in contravention of the provisions of Section 73-AA of the Bombay Land Revenue Code and as such both the authorities have not committed any illegality in passing the impugned orders. In the result, this Special Civil Application fails and the same is dismissed. Rule discharged. Interim relief, if any, granted by this Court, stands vacated. No order as to costs.

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(sunil)