SHARDABEN VASANTBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellant - original petitioner has challenged the order dtd. 2/11/2020 passed by the learned Single Judge in captioned writ petition by which, the request made by the appellant - original petitioner to sell the property on various grounds has been dismissed mainly on the ground that certain proceedings are pending before the Hon'ble Apex Court.

(2.) The case of the appellant - writ petitioner is that, the husband of the writ petitioner namely, Shri Vasantkumar Keshavlal Patel, who was working under the State Government as Class-II officer was allotted a plot admeasuring 90 sq. mts. in Gandhinagar in the year 1990 on certain terms and conditions. A house was constructed on the said land and the allottee along with his family members started residing in the said premises. After attaining the age of superannuation, the husband of the original petitioner had retired and thereafter, expired on 20/3/2012. The writ petitioner resided in the said premises which was allotted to her husband way back in 1990 upto 2012. Since the son of the original petitioner is residing at Ahmedabad, she made a request for transfer of property in question to the Road & Building Department. The said request was not entertained in view of pendency of certain proceedings before the Hon'ble Apex Court. The said decision was challenged by the writ petitioner by way of captioned writ petition.

(3.) Mr. Jani, learned senior counsel for the appellant would submit that the learned Single Judge has committed an error in rejecting the writ petition in view of the fact that the proceedings which were pending before the Hon'ble Apex Court are not comparable with case of appellant since the said proceedings are with regard to the allotment of plots to M.L.As./M.Ps. and High Level Functionaries in Gandhinagar at concessional rate. Pointing out the difference, he would contend that the husband of the present writ petitioner was a Class-II officer and only 90 sq. mts. of land was allotted to him.