BHIMAJI VISAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is seeking for quashing of order dtd. 18/1/2022, where-under, the application filed by the petitioner for lifting of the charge created in respect of the land bearing Survey No.1255/A Paiki (old Block or Survey No.681 and 695) of Vilaspur, Taluka Daskroi, has been rejected.

(2.) In respect of the land acquired, bearing Survey No.1232, an award came to be passed which was challenged by the owner, namely petitioner herein, before the Reference Court. Reference Court by an award dtd. 22/6/2006 awarded additional compensation to the claimant.

(3.) Respondent Nos.2 and 3 filed First Appeal No.4789 of 2008 before this Court. In an interlocutory application filed being Civil Application No.4606 of 2010, an order came to be passed on 29/4/2010 in First Appeal No.4789 of 2008, permitting the claimant to withdraw 50% of the additional compensation granted by the Reference Court subject to condition that the claimant would provide solvent surety. Hence, petitioner offered security of the land bearing Survey No.1202 for the extent of Rs.15,50,528.00. This was also mutated in the revenue records as per the mutation entry No.8353 dtd. 17/7/2010. Petitioner intended to sell the land which had been offered as security, namely Survey No.1202. Hence, an application being Civil Application No.4413 of 2013 was filed in First Appeal No.4789 of 2008. Having considered the contentions raised therein, an order came to be passed on 22/4/2013, directing that applicant will first secure the subject land, namely Survey No.1255/A before the Reference Court and then ordered, if the Reference Court is satisfied, it may release the security of land bearing Survey No.1202. Pursuant to the same, solvency of the land bearing Survey No.1202 was deleted and solvency was created on the subject land, namely Survey No.1255/A, which was also reflected in the revenue records by mutation entry No.9169 dtd. 31/5/2013, vide Annexure-G.