KOTHARI CHANDRIKABEN CHHAGANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Mr.K.M. Antani waives service of notice of Rule for respondent Nos.1 to 4. Though notice is served to respondent No.5, no one appears on his behalf. Looking to the issue involved in the present petition and with the joint request of the learned advocates appearing for the parties, this petition is taken for final disposal at admission stage.

(2.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed for the following reliefs:

(3.) Learned advocate Ms.Niyati K. Shah appearing for the petitioner submitted that the petitioner has purchased the land bearing Survey No.216 admeasuring around 11208 sq. meters from respondent No.5 by registered Sale Deed dated 08.03.2011. It is specifically stated in the said Sale Deed that the land in question is an irrigated land. Learned advocate, at this stage, submits that the predecessor?in?title of the petitioner i.e. respondent No.5 started irrigating the land in question from 2008 by taking water from bore?well of one Thakkar Vinodbhai Bhagwanbhai, who is the owner of Revenue Survey No.194. Learned advocate has referred Certificate dated 11.09.2012 given by the said Thakkar Vinodbhai Bhagwanbhai.