SURYABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order passed by respondent no.1 dated 06.10/11.2008, whereby, the application of the petitioner under Rule 108 of the Bombay Land Revenue Rules, 1972 was rejected and the order passed by respondent no.3 dated 28.03.2008 was confirmed.

(2.) The facts in brief are that the property bearing Plot No. 458/2 admeasuring 200 sq. metres situated in Sector-28, Gandhinagar, originally belonged to respondent no.5 herein. On 29.07.1985 the original owner had executed one Banakhat in favour of respondent no.4 and had agreed to sell the said property to respondent no.4 for a consideration of Rs.1,25,000/-. Having received the full consideration from respondent no.4, the original owner executed an irrevocable power of attorney in favour of respondent no.4 on 31.12.1985/08.01.1986.

(3.) On 25.02.1986 respondent no.4 executed a registered Banakhat and Kabja Karar in favour of the father of the petitioner. The father of the petitioner died on 09.05.1998. Somewhere in August 1999, respondent no.4 instituted Regular Civil Suit No.238/1999 against the father of the petitioner in the Court of learned Civil Judge (S.D.), Gandhinagar. However, subsequently, the said suit came to be withdrawn on account of a settlement between the parties on 13.02.2007. On the same day, respondent no.4 executed a registered sale deed in favour of the petitioner.