GEETABEN ISHWARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 24.02.2011 passed by the Deputy Collector, Choriyasi Prant Collector Office, Choriyasi, Surat in Fragmentation Case No. 12 of 2008 as well as the order dated 13.06.2019 passed by the Deputy Collector, Olpad Prant, Olpad, Surat in Fragmentation Appeal No. 9 of 2016 (old case No. 13 of 2008).

(2.) Facts in brief are as under:

(3.) Mr. Percy Kavina, learned Senior Counsel, appearing with Mr. Manan Shah, learned advocate for the petitioners, would submit that the petitioners had never sold the land by way of a registered sale deed of 26.06.1995. He would submit that Survey No. 57 was sold in four blocks by four separate sale deeds and the respondent No.5 was sold Block No.3-B. The power of attorney carrying out the execution of the sale deeds was executed on 25.05.1997. Obviously, the power of attorney was forged and could not have been used for executing a sale deed of 1995.