LAWS(GJH)-2013-7-110

PATEL SHRMISHTABEN ASHOKKUMAR Vs. STATE OF GUJARAT

Decided On July 08, 2013
Patel Shrmishtaben Ashokkumar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is a classic case of fradulent act on the part of petitioner whereby respondent No.3 Gram Panchayat refused to enter his name in the village record, but in Appeal it was set aside by respondent No.5 which came to be corrected by revisional authority by order dated 28.7.2011 passed in Revision Application No.105 of 2011.

(2.) INITIALLY the petitioner who claims to be purchaser of the property house No.1/101 of Village: Saduthala by way of registered sale deed from respondent No.4 on 8.10.2004 preferred an application to enter her name and accordingly resolution No.41 dated 11.1.2005 came to be passed by Gram Panchayat by which it was resolved that no change in the name would be permitted.

(3.) LEARNED advocate appearing for respondent Nos. 2, 3,4 and 5 have opposed grant of any relief on the ground that decision of revisional authority is not only legal but just and proper in view of examination of whole record and undisputed fact remains that the house purchased by petitioner upon which lien of Jai Balram Kisan Credit Cooperative Society was created having taken loan of Rs.50,000/- which remained unpaid.