Ramsurat Ramsumer Maurya (Dead) vs. Manilal Maganbhai Nizama (D) Thr Lrs

ITEM NO.4 COURT NO.14 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).32022/2012 (From the judgement and order dated 13/06/2012 in SA No.298/1985 of The HIGH COURT OF GUJARAT AT AHMEDABAD) RAMSURAT RAMSUMER MAURYA Petitioner(s) VERSUS MANILAL MAGANBHAI NIZAMA (D) THR LRS Respondent(s) (With prayer for interim relief and office report) Date: 13/01/2014 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr.V.Giri, Sr.Adv. Mr. Nikhil Goel, Adv. Ms.Naveen Goel, Adv. Mr.Marsook Bafaki, Adv. For Respondent(s) Mr.Mahendra Anand, Sr.Adv. Mr.A.Henry, Adv. Mr. Pukhrambam Ramesh Kumar,Adv. Ms. Hemantika Wahi, Adv. Ms.Sangeeta Singh, Adv. UPON hearing counsel the Court made the following O R D E R During the course of hearing, it seems to us that the controversy has substantially narrowed in view of the factual position recorded in paragraph 9.04 of the impugned order. Before entertaining the issue raised at the hands of the petitioner as to whether the land in

himself had applied for an allotment out of the land in question by accepting that it was Bet Bhoomi Land. The High Court has clearly noticed in the impugned order that an application

question was alluvial land, it needs to be decided whether the petitioner

had been filed by the petitioner seeking allotment as Bet Bhoomi Land. In view of the above, liberty is granted to the learned counsel for the petitioner to place the application filed by the petitioner seeking allotment of land. Additionally, respondent No.8 is directed to obtain instructions from respondent Nos.9 and 10 and to file affidavit indicating whether or not the petitioner had applied for the land in question by accepting that it was Bet Bhoomi Land. Respondent No.8 shall additionally place on record the application filed by the petitioner.

List the case after six weeks. The needful be done positively within that time.

(Satish K.Yadav) (Phoolan Wati Arora) Court Master Assistant Registrar