LAWS(GJH)-2014-9-49

PRAVINSINH HIMMATSINH PARMAR Vs. ADDITIONAL COLLECTOR

Decided On September 15, 2014
Pravinsinh Himmatsinh Parmar Appellant
V/S
Additional Collector (Co -Ordination) Respondents

JUDGEMENT

(1.) SPECIAL Civil Application No. 2065 of 2002 is filed by the petitioner under Articles 14, 19, 21, 41, 300(A) and 226 of the Constitution of India as well as under the provisions of Urban Land Ceiling and Regulation Act, 1976 (hereinafter referred to as the ULC Act") and the Rules framed thereunder and also under the provisions of Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as "the Repeal Act") for the prayer inter alia that appropriate writ, order or direction may be issued for quashing and setting aside the order passed by the competent authority at Annexure -L dated 24.8.1987 declaring it as a surplus land and also further direction that the symbolic possession which is stated to have been taken may be set aside and also to quash and set aside the mutation of entry nos. 998 and 1020 at Annexure -E and Annexure -F as prayed in detail in the prayer clause.

(2.) HEARD learned Advocate Shri K.K. Trivedi for the petitioner and learned AGP Shri Udit Mehta for the Respondents.

(3.) LEARNED Advocate Shri Trivedi has also referred to the order passed in Special Civil Application No. 2062 of 2002 and allied matters dated 24.7.2002 and submitted that though the claim is made with regard to the possession having been taken over, in fact it has not been taken over. He referred to the copies of the order produced on record and also the additional affidavit.