RAJEN DIVYAKANT SHAH Vs. COLLECTOR

JUDGEMENT

(1.) Heard learned advocate Mr. K. M. Gandhi for Nanavati Associates for the petitioner.

(2.) Learned advocate Mr. Gandhi for the petitioner submits that property worth more than Rs.30 crore which was owned by the petitioner and the power of attorney given to respondent no.2 was transferred by the respondent no.2 in capacity of the power of attorney holder of the petitioner to himself i.e. respondent no.2 at a meager consideration of Rs.45,00,000/- and even cheque which was mentioned in the sale deed was also never deposited in the account of the petitioner. The petitioner stays at Bombay, property is situated at Palanpur and respondent no.2 is residing at Rajkot.

(3.) It is submitted by learned advocate for the petitioner that the power of attorney given by the petitioner is misused and thereby, illegal possession over property is claimed by the respondent no.2, however, as per the averments made in the petition, the possession of the property is with the petitioner. He submits that the respondent no.2 is having past criminal antecedents and criminal complaints are also filed against him. When the petitioner preferred an application for initiating proceeding against the respondent no.2 under the provisions of Gujarat Land Grabbing (Prohibition) Act, 2020, the said application was not considered positively by the respondent no.1 on the ground that civil and revenue proceedings are pending between the petitioner and respondent no.2. Hence, no proceedings under the Land Gujarat Land Grabbing (Prohibition) Act, 2020 can be initiated against the petitioner.