BANKIMBHAI JAYANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.M.B.Gandhi, learned advocate for the petitioners. Mr.M.R.Mengde, learned A.G.P. appearing for the respondents.

(2.) The petitioners were holding joint family properties situated in Kalupur Ward No.1 bearing City Survey Nos.1957/A-B-C, 1958/C, 1958/D, 1959, 1960, 1961/B, 1961/C, 1961/D and 1962 to 1971, totally admeasuring 451-34-62 sq.mtrs. It appears that Petitioner Nos.1 to 4, who were the co-owners of the property in question wanted to sell the same in favour of Petitioner No.5 and hence as required under the provisions of The Gujarat Prohibition Of Transfer Of Immovable Properties And Provision For Protection Of Tenants From Eviction From Premises In Disturbed Area Act, 1991 (the 'Act' for short) made an application seeking permission from Respondent No.2. Accordingly Respondent No.2 carried out necessary inquiries under Section 5(3)(b) of the Act and ultimately on 13th November, 2001 granted permission to transfer the property to petitioner No.5. There is no dispute as to the fact that the inquiry as required under the provisions of the Act had duly been carried out by Respondent No.2.

(3.) On 1 4/12/2001, Respondent No.2 in purported exercise of power under Section 5(2) of the Act cancelled the permission granted earlier on 13th November, 2001 by declaring the transfer as null and void. It is this order which is under challenge.