Gujarat Court June 2002 Judgments
Sarpanch, Meghraj Gram Panchayat Vs. President, Taluka Panchayat and o ...
Court: Gujarat
Decided on: Jun-17-2002
Reported in: (2002)3GLR166
Jayant Patel, J. 1. The petitioner-Gram Panchayat has approached this Court for giving appropriate direction to the Taluka Panchayat to refund 40% of the gross collection of the cess made by it for the year 1995-96, and it is also prayed for giving appropriate direction to the respondents to assign 50% of the gross collection of Taluka Panchayat cess and surcharge on octroi as per Section 206 of Gujarat Panchayats Act, 1993 (hereinafter referred to as 'the Act').2. The short facts of the case are that the petitioner is a gram Panchayat duly constituted under the provisions of the Act. It is collecting the octroi and other local taxes and it is the contention of the petitioner-Panchayat that collection of certain taxes which are meant for the purpose of Taluka Panchayat is made by the Gram Panchayat and is given to the Taluka Panchayat. It is an admitted fact that the petitioner-Gram Panchayat was paid 10% of the collection for the year 1995-96. However, 90% of the amount of the gross c...
Tag this Judgment!Vipinchandra Vadilal Bavishi and anr. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jun-17-2002
Reported in: (2002)3GLR744
Jayant Patel, J. 1. The short facts leading the case are that the petitioners were the owners of the land in question situated at Rajkot and when the Urban Land (Ceiling & Regulation) Act, 1976, (hereinafter referred to 'the Act') came into force on 20th August, 1976, form No, 1 under Section 6 of the Act was filed by the petitioner No. 1 and in the said form it was inter alia declared by the petitioner vide item No. ,4 that the petitioner is holding the land situated at Village Nana Mava bearing Survey No. 71, Plot No. 36 to 43 admeasuring 4610.41 Sq. Mtrs. It was also stated that the holding of his wife Ushaben Vipinchandra Bavisi who is petitioner No. 2 herein, has also filed separate form on 3-11-1982. 2. The draft statement was prepared which was served upon the petitioner and thereafter, the matter was considered under Section 8 of the Act by the Addl. Collector and the Competent Authority under the U.L.C, Rajkot and the decision was rendered on 27-2-1986, whereby vide the item N...
Tag this Judgment!Bankimbhai Jayantilal Shah and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jun-17-2002
Reported in: (2002)3GLR887
D.A. Mehta, J. 1. Heard Mr. M. B. Gandhi, learned Advocate for the petitioners. Mr. M. R. Mengde, learned A.G.P., appearing for the respondents. 2. The petitioners were holding joint family properties situated in Kalupur Ward No. 1 bearing City Survey Nos. 1957/A-B-C, 1958/C, 1958/D, 1959, 1960, 1961/B, 1961/C, 1961/D and 1962 to 1971, totally admeasuring 451-34-62 sq.mtrs. It appears that petitioner Nos. 1 to 4, who were the co-owners of the property in question wanted to sell the same in favour of petitioner No. 5, and hence, as required under the provisions of the Gujarat Prohibition of Transfer of Immovable Properties and Provision for Protection of Tenants from Eviction from Premises in Disturbed Area Act, 1991 ('the Act' for short) made an application seeking permission from respondent No. 2. Accordingly, respondent No. 2 carried out necessary inquiries under Section 5(3)(b) of the Act and ultimately on 13th November, 2001 granted permission to transfer the property to petitioner...
Tag this Judgment!Thakar Kanaiyalal Rasiklal Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jun-17-2002
Reported in: AIR2003Guj14; (2002)4GLR3569
ORDERJayant Patel, J.1. In both these petitions and connected civil applications common questions are raised by the respective petitioners asserting their right to perform puja as popularly known as 'Bhattaji Pujari' at the temple of Arasuri Ambaji (popularly known as Ambaji temple) situated at Ambaji, taluka Danta, Dist. Banaskantha, Gujarat State. 2. The short facts by way of historical background are that about more than 1000 years back the temple of Arasuri Ambaji Mataji set up during the period of king of Danta State an installation (pratisthapan) of Godess Arasuri Ambaji was made at the said temple during the lifetime of said king of Danta with a pious hope that the grace of the Goddess may shower upon the king and other worshippers of Ambaji Mataji. It is stated that the king of Danta had given the worship rights to Audichya brahmins of Sidhpur who were well-versed in holy pronunciation of mantras and rituals of vidhi and these brahmins were known as Bhattaji Pujaris. It is stat...
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