SHARIF MIYAJI NANDOLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common questions of facts and law are involved in these petitions, the same are being taken for hearing together and are being disposed of by this common order.

(2.) The facts of the case are taken from Sp. C.A. No. 9090/91. Reply to these special civil applications have not been filed by the respondents, and as such, the averments made therein stand uncontroverted.

(3.) The petitioners are the resident of Village Badargad, Taluka Palanpur, District Banashkantha. On 17th July, 1985 at the aforesaid village, a public auction was held for disposal of 46 plots of Gamtal, in which the petitioners participated. The bid of the petitioners for the plots were accepted and the sale in their favour was confirmed by the Taluka Development Officer under its order dated 17th July, 1985. All the petitioners paid the bid price and were put in possession and issued a Sanad for their respective plots. The petitioners averred in this special civil application that they have almost fully constructed buildings on the plots allotted to them. Some of the petitioners have constructed houses upto plinth level and all the petitioners are still in possession and occupation of the plots allotted to them at the auction held on 17th July, 1985. At the same auction, the respondents No. 7, 8 and 9 in this special civil application were allotted six plots being plots No. 5 to 10. Similarly one Gulamali Rajebhai Manashia was allotted plots No. 1 to