LAWS(GJH)-2013-8-211

NARENDRABHAI A KHACHAR Vs. STATE OF GUJARAT

Decided On August 19, 2013
Narendrabhai A Khachar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD learned advocates for the parties. The petitioner, by way of this petition, under Article 227 of the Constitution of India approached this Court with the following prayers: -

(2.) FACTS in brief, leading to filing this petition, as could be culled out from the memo of petition deserve to be set out as under :

(3.) LEARNED advocate for the petitioner has submitted that the ground in respect of exemption of applicability of Ceiling Act qua bid land is no more available to the petitioner in light of the decision of the Apex Court in case of NAGBHAI NAJBHAI KHACKAR VS. STATE OF GUJARAT, 2010 10 SCC 594, however, the advocate for the petitioner urged that an important aspect may be considered by this Court, which may persuade this Court to hold that facts in the instant case are distinguishable then the facts in the petitioners case and therefore, point of bid land cannot be said to be all together not available to the petitioner for justifying the stand taken before the authorities, whose orders are under challenge in this petition.