Rashmikant Haribhai Patel vs Additional Secretary (Appeals)

Citation : 2023 Latest Caselaw 7530 Guj
Judgement Date : 11 October, 2023

Gujarat High Court
Rashmikant Haribhai Patel vs Additional Secretary (Appeals) on 11 October, 2023
Bench: Niral R. Mehta
                                                                                NEUTRAL CITATION




     C/SCA/1745/2017                            ORDER DATED: 11/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1745 of 2017
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                RASHMIKANT HARIBHAI PATEL & 1 other(s)
                               Versus
              ADDITIONAL SECRETARY (APPEALS) & 4 other(s)
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Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 5
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3,4
MR CHINTAN M ADESHARA(12794) for the Respondent(s) No. 5.1,5.2
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                         Date : 11/10/2023

                           ORAL ORDER

1. Heard learned advocates for the respective parties.

2. At the outset, learned advocates appearing for the respective private parties jointly submitted that petitioners are the purchasers of the land in question from respondent Nos.5.1 and 5.2 by way of registered sale deed. Pursuant to the said transaction, a dispute was arisen between the parties, which had given rise to institute civil suit being Special Civil Suit No.118 of 2010 for cancellation of the registered sale deed and other consequential reliefs. However, the said suit is now culminated into dismissal and no further appeal has been filed.

3. Learned advocate Mr.Chintan Adeshara for respondent Nos.5.1 and 5.2 has further submitted that they have accepted the judgment of the learned trial court and as such they have no objection if name of the petitioners to be restored in the revenue records.

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NEUTRAL CITATION C/SCA/1745/2017 ORDER DATED: 11/10/2023 undefined

4. Upon such statement being made, the present petition does not deserves to be entertained on merits.

5. However, the impugned orders passed by the revenue authorities are hereby quashed and set aside and the entry being No.1010 dated 25 th May, 2010 is ordered to be restored on the revenue record.

6. Petition stands disposed of accordingly. Rule is discharged. Interim relief stands vacated forthwith.

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