LAWS(GJH)-2022-3-559

GABHRUBHAI ARJANBHAI DESAI Vs. STATE OF GUJARAT

Decided On March 10, 2022
Gabhrubhai Arjanbhai Desai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the order dtd. 17/9/2010 passed by the Respondent No.3 i.e. Deputy Collector, Amreli which is confirmed by Special Secretary, Revenue Department (Appeals) vide order dtd. 30/4/2015.

(2.) Heard learned advocate Mr.H.R.Mishra for the petitioner and learned Assistant Government Pleader Mr.Nikunj Kanara for the Respondent - State. Though served Respondent Nos.4 to 7 have chosen not to appear before this Court. According to learned advocate Mr.Mishra they are sellers of the land and, therefore, in this petition, which is arising out of provisions under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, they do not have any locus and, therefore, learned advocate Mr.Mishra seeks permission to delete Respondent Nos.4 to 7. Permission as prayed for is granted. Respondent Nos.4 to 7 are hereby ordered to be deleted from the cause title.

(3.) Considering the fact that the issue in question is very short, by consent of all the parties, matter is taken up for final hearing. Hence, Rule. Learned Assistant Government Pleader Mr.Nikunj Kanara waives service of notice of Rule on behalf of Respondent - State.