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Lokseva vs Najabhai

High Court Of Gujarat|20 June, 2012
1. Heard Mr.D.D. Vyas, learned Senior Advocate with Mr.Dhaval D. Vyas, learned counsel appearing for the petitioner, Mr.A.J. Patel, learned counsel appearing for respondent No.1 and Ms.Nisha Thakor, learned A.G.P. appearing for respondent No.2.
2. Rule.
Considering the averments made in the present petition, even though the objection has been raised by the private respondents that the order impugned being order passed by the District Collector under Rule 108(6) of the Gujarat Land Revenue Rules, 1972 and considering the observations made in the impugned order as well as considering the fact that the same is based on the opinion of the State Government, no useful purpose would be served in relegating the present petitioner to avail alternative remedy.
3. Considering the issue involved in the petition, more particularly, considering the fact that the petitioner-Trust is in possession of the lands in question and in part of the land, the petitioner-Trust runs a school and in the rest, agricultural activities are being carried out by the petitioner-Trust, status-quo granted earlier shall continue till further orders on condition that the petitioner-Trust shall not transfer, alienate or deal with the lands in question in any manner except for the purpose for which it is being used as on date. The authorised person of the petitioner-Trust shall file an undertaking along with the photographs of the lands in question exhibiting the activities carried out upon it by the petitioner-Trust as on date, latest by 25.06.2012.
4. Respondent No.4-District Collector, Tapi is hereby directed to carry out panchnama of the lands in question showing the actual use made by the petitioner-Trust and submit his report by a separate affidavit before this Court within a period of one week from today.
5. It is however, made clear that the order of status quo is granted only qua the lands in question and not on the issue whether the petitioner-Trust is an agriculturist or not.
(R.M.CHHAYA, J.) Manoj Top
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Lokseva vs Najabhai


High Court Of Gujarat

20 June, 2012