LALJIBHAI ASHOKBHAI SAKARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to issue appropriate directions to the respondent No.2 to consider the complaint made by the petitioner and to register a First Information Report in connection with the said complaint made by the petitioner.

(2.) The facts in brief are that the petitioner herein is one of the co-owners of the land bearing Survey / Block No.30 / 1p1 / p2 and 30 / 1p1 / p1 situated within the revenue limits of Mouje : Botad (city), Taluka : Botad City, District : Botad. As per the say of the petitioner, the said land is the ancestral property of the petitioner and his family members and the petitioner has undivided share in the property. However, the proposed accused had purchased the land in question by way of registered sale deed dtd. 11/3/2010. The said sale deed was executed by some of the family members of the petitioner and without the knowledge of the petitioner. Therefore, the petitioner had filed Special Civil Suit No.12 of 2012 before the civil Court at Bhavnagar, which is reported to be pending.

(3.) Heard learned advocates on both the sides. It is a matter of fact that the suit being Special Civil Suit No.12 of 2012 filed by the petitioner seeking cancellation of the sale deed dtd. 11/3/2010 and praying for declaration and permanent injunction is pending adjudication before the civil Court at Botad. When the title of the subject land is in question, the District Collector, Botad could not have issued the N.A. permission in respect of the subject land. However, the District Collector, Botad also appears to have been kept in the dark by the proposed accused by filing a false Affidavit.