MINABEN GIRISHCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioners have prayed to quash and set aside order dtd. 12/3/2015 passed by Additional Secretary, Revenue Department (Appeals), Ahmedabad in Revision No.MVV/JMN/BHCH/14/2014 and order dtd. 9/12/2014 passed by Collector, Bharuch in Bhumi/Vashi/ 8304. It is also prayed to direct respondent no.3 to issue No Objection Certificate stating that restriction of Sec. 73-AA of Gujarat Land Revenue Code does not apply to the Sale Deed dtd. 10/12/2014.

(2.) The short facts giving rise to the present petition are that agricultural land (Old Tenure) bearing Block no. 21 paiki 3 admeasuring 17,199 sq. mtrs. situated in the sim of Amadada Tal.Dist. Bharuch was originally owned by deceased Shankarbhai Ichhalabhai. That Late Shankarbhai had executed an agreement to sale dtd. 29/2/80 in favour of Rustambhai Sulemanbhai Patel for the consideration to tune of Rs.2,15,000.00and handed over the physical and actual possession of the said land to Rustam Suleman Patel and since then Rustam Suleman Patel had been in lawful possession of the said land. Rustam Suleman Patel had assigned his rights of the said Agreement to Sell dtd. 29/2/80 in favour of the present petitioner by executing Agreement to Sell dtd. 9/6/89.

(3.) Being aggrieved and dissatisfied by the impugned order dtd. 12/3/15 passed by the Special Secretary Revenue (Appeal), in Revision Application no. JAMAN/BHCH/14/14, and impugned order dtd. 9/12/14 passed by The Collector, Bharuch in Application dtd. 24/2/14, the petitioners have preferred this petition.