NAGARBHAI GORDHANBHAI Vs. SERVAJANIK VIDYARTHI GRUHA DHANDHUKA

JUDGEMENT

(1.) Shri Nagarbhai Gordhanbhai, petitioner, has filed this petition under Article 226 of the Constitution of India with a prayer for a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction that this Court may declare that the acquisition proceedings taken for the land Survey No. 498 A, parts 1, 2 and 3 of Village Dhandhuka by award dated 10th December, 1961, at Annexure "A" to the petition is illegal, ultra vires and bad in law. The petitioner further prayed that this Court may direct the State of Gujarat- respondent no.2 to take possession of the land which is stated above from respondent No. 1, i.e. the Sarvajanik Vidyarlhi Gruha, Dhandhuka, and put the petitioner in possession of the said land immediately.

(2.) The aforesaid petition was filed somewhere in October, 1987. When the matter was placed for hearing, this Court has issued notice on 13.10.87 and also granted interim relief restraining Sub- Registrar of Documents, Dhandhuka, from registering any sale deed pertaining to Survey No.498A, Parts 1, 2 and 3 of village Dhandhuka in favour of any person of the sale deed is produced by respondent No. 1 the vendor of the land. Thereafter the matter was admitted on 9.1.1991 and ultimately this matter was placed for final hearing before this Court.

(3.) The facts giving rise to this petition are as unden:-