VIJAYBHAI KANTIBHAI PATEL Vs. JANGLESHWAR MAHADEV TRUST

JUDGEMENT

(1.) Mr.Vijay Kantilal Patel, a practicing lawyer of Surat along with a group of his lawyers friends, seems to be indulging in land dealings also, besides their pious and noble profession of Advocacy and the litigation history of this case shows that where the Respondent - Jangleshwar Mahadev Trust, a Public Trust having obtained the permission from the Charity Commissioner sold the land in question of 5 Acres and 37 Gunthas situated at Revenue Survey No.12 in Village Kamrej, District - Surat to the Respondent No.2 - Rajeshbhai Naranbhai Bhayani, who was already a lessee of the said land in question and the land in question was sold to him for a sum of Rs.11,21,000/- on 17.2.2001 by a Registered Sale Deed, is being challenged by Petitioner - Mr.Vijay Kantilal Patel. The said proceedings all through at all steps have been challenged merely on the alleged claim that he was ready to offer 25% more of the price of the land in question of Rs.11,21,000/- and, therefore, neither the Charity Commissioner was justified in granting the sale permission nor the Gujarat Revenue Tribunal as well as the learned Single Judge were justified in rejecting his case and hence, he has continued with this Letters Patent Appeal in the present case.

(2.) During the course of arguments, it has come before us by way of series of Affidavits filed by Respondent No.2 - Rajeshbhai Naranbhai Bhayani with site photographs that the said land stood now sold to over more than 300 persons in different plots and they have raised their construction of Residential Houses etc. on the said land but, still, the Appellant wants it to be restored back to him on the ruse that he was ready to offer 25% more and, therefore, why it has been allowed to be sold at the given price to the Respondent No.2 - Rajeshbhai Naranbhai Bhayani.

(3.) We are a bit surprised at the persistence of the Petitioner Advocate (well he has not disclosed this status in pleadings, but it was revealed in the course of arguments), who having failed at all levels, is fighting for this land from 1999 till 2021 for last 21 years. The lack of bona fides and prevalence of greed in the background is more than apparent.