PRAHLADBHAI AMBALAL PATEL Vs. SECRETARY

JUDGEMENT

(1.) PETITIONER nos.1,2 and respondent no.5 are brothers. The petitioners state that there was family arrangement pursuant to which plot no.1 situate in Agricultural Produce Market Committee, Sidhpur in the new market yard, was in the name of firm named as Patel Narsi Ambalal, came to be transferred in the name of petitioner no.1 by respondent no.5. Thereafter, Agricultural Market Produce Committee passed resolution no.9 dated 31.03.2011 transferring the said plot in the name of petitioner no.1 from respondent no.5. Necessary certificate came to be issued in favour of petitioner no.1 to that effect. Respondent no.4 filed appeal being Appeal No.34 of 2001 before Director of Agricultural Marketing and Rural Finance challenging the resolution no.9 dated 31.03.2011. Director of Agricultural Marketing and Rural Finance admitted the appeal and ordered to maintain status qua. Respective parties filed reply. Considering aforesaid aspects, Director of Agricultural Marketing and Rural Finance, Gandhinagar dismissed the appeal vide order dated 29.08.2001. Feeling aggrieved respondent no.4 preferred Revision Application being Revision Application No.107 of 2001 before the State Government. Deputy Secretary (Appeals), Gandhinagar by order dated 07.03.2003 allowed the revision application filed by respondent no.4 and directed Agricultural Market Produce Committee, Sidhpur to transfer the said plot in favor of respondent no.4 and also quashed and set aside the resolution no.9 dated 31.03.2001. Hence, this petition.

(2.) IT is submitted by learned advocate for the petitioners that it is observed by the Revisional Court in the order dated 07.03.2003 that plot was running in the name of Patel Ishwarlal Ambalal and certificate was also issued by the Agricultural Market Produce Committee that the said plot is in the name of Patel Ishwarlal Ambalal and he is owner of the said plot, it is submitted that if the certificate issued by Agricultural Market Produce Committee is in favour of Patel Ishwarlal Ambalal to the effect that he is owner of the plot, then, how resolution no.9 was passed in favour of present petitioner. IT is submitted that Revisional Court has not given specific finding that resolution book which was produced was tampered with or not, but it has observed that it creates doubt that it was tampered with.

(3.) THE matter is remanded back to respondent no.3 - Agricultural Market Produce Committee, Taluka - Sidhpur, District ? Patan, for deciding the entire issue raised on the basis of application submitted by respondent no.4 in reference to transferring plot no.1 in favour of petitioner no.1 by respondent no.5, after giving opportunity of hearing to all concerned including respondent nos.4 and 5 and the petitioners also. Respondent no.3 - Agricultural Market Produce Committee, Taluka - Sidhpur, District ? Patan to decide the same in accordance with law and on its own merits without influenced by the order passed by the Revisional Court as well as Appellate Court and the order passed by this Court today. All the parties are directed to maintain status quo till decision is taken by respondent no.3 - Agricultural Market Produce Committee, Sidhpur, District ? Patan. If respondent no.4 submits application before respondent no.3 for providing necessary documents, then, respondent no.3 will after imposing fees, provide necessary documents to respondent no.4. Rule is made absolute to the aforesaid extent.