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Documents citing Patel Vashram Copalbhai And Ors. vs State Of Gujarat And Anr. on 5 September, 1988

Heirs Of Chhitabhai M. Patel vs State Of Gujarat on 9 December, 1996

5.1. Learned Advocate for the petitioner has cited before us the case of Patel Vashram Gopalbhai and Ors. v. State of Gujarat and Anr. 1989 GLR 128. But if the facts of the said case are considered then it would be quite that in that case there was no consideration of Section 11(2) of the Land Acquisition Act and therefore, said case is not at all applicable to the case before us. Thus, we hold that in view of the peculiar facts and circumstances of the case, viz., that the Land Acquisition Officer-respondent No. 2 has not given his decision regarding objections filed by the present petitioners in their application dated 16-3-1985 and their objections under Section 9 and therefore, the award passed by the Collector will have to be set aside and the matter will have to be remanded to the respondent No. 2. We are supported in this view of us by the decision of another Division Bench of this Court in S.C.A. No. 5572 of 1985 with S.C.A. No. 5573 of 1985 decided on 26-12-1985 wherein the following observations are made :
Gujarat High Court Cites 9 - Cited by 1 - S D Pandit - Full Document

Khazana Ram And Anr. vs Lac And Ors. on 27 December, 2006

5. In the present case, if the particulars under Section 19 had not been furnished, the reference should have been returned for furnishing the particulars in accordance with law and not to convert the proceedings before the Collector into a full-fledged trial. This is abdication of necessary judicial function by the Court which is impermissible in law. It is now well established that the proceedings before the Reference Court are judicial proceedings and the question as to whether a reference is competent or not is to be decided and disposed of by the learned District Judge and not by the Collector. Reference to be made to Patel Vashram Gopalbhai v. State of Gujarat and Mohanlal v. B.G. Deshmukh .
Himachal Pradesh High Court Cites 12 - Cited by 0 - D D Sud - Full Document
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