STATE OF GUJARAT Vs. SANJAY PRAVINKUMAR SHAH

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the State challenging the oral order dtd. 4/10/2022 passed by the learned Single Judge.

(2.) Facts in brief are as under:

(3.) Having heard Mr.K.M.Antani learned AGP for the State and Mr.Jaimin Dave learned advocate appearing for the respondents and after having perused the order under challenge before the learned Single Judge and the oral order of the learned Single Judge, it is apparent that in line with the position of law set out by this Court in the cases of Tusharbhai Harjibhai Ghelani vs State Of Gujarat reported in 2019 (4) GLR 2578; Bhayabhai Vajshibhai Hathalia vs. State of Gujarat, 2012 (2) GLR 1741; and Dhansukhbhai Somabhai Ahir vs. State of Gujarat in Special Civil Application No. 5924 of 2019, the learned Single Judge opined that it is well settled that while exercising powers under Sec. 65 of the Bombay Land Revenue Code, the only question that the Collector has to see is that the person applying is the occupant of the land.