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2015 (1) TMI 1462

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..... tion under Article 226 of the Constitution of India the petitioner has, inter alia, prayed for the following reliefs: "(A) YOUR LORDSHIP/S may be pleased to allow this writ petition, by appropriate writ quashing and setting aside the impugned entry no.7071 dated 4.12.2012 in the Village form no.6 card Village Kudasan, Ta. & Dist. Gandhinagar visavis petitioners Block No.135 (Survey No.165), made by the revenue authority as non est, illegal, arbitrary, without hearing, result of non observance of principles of natural justice and be further pleased to direct the revenue authorities to make corresponding necessary correction in the revenue record of petitioner's Survey No.165 (Block No.135) of Village Kudasan, Ta. And Dist. Gandhinagar .....

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..... nd the operation of entry No.7071 is hereby stayed. On the returnable date, the respondent No.3 Mamlatdar shall clarify before this court as to under what circumstances, the order made by the Deputy Collector in respect of land bearing Block No.258 was given effect to in respect of land bearing Block No.135(21). Direct Service is permitted." (4) Learned advocate for the petitioner has predominantly contended that even as per the sale deed in question the land in question is Block No.258 and not Block No.135. It was also contended that entry came to be made without giving any opportunity of being to the petitioner. (5) Per contra, learned Assistant Government Pleader for the respondent State authorities has relied upon the affidavit in .....

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..... eal/S.R./78/2003 by Deputy Collector, Gandhinagar and certified copy of the said order is on record, which also speaks Block No.258. In light of the aforesaid, it was submitted that appropriate order be passed. (7) Learned advocate for the private respondent Nos.4 to 6 has submitted that in fact a civil suit is pending between the parties. However, she has not been able to controvert the fact that entry in question relates to Block No.258 and not Block No.135, as mutated by the impugned entry. No further or other submissions have been made by learned counsel for the respective parties. (8) Considering the aforesaid therefore the impugned Entry No.7071 dated 04.12.2012 is hereby quashed and set aside and the proceedings are remanded for .....

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