STATE BANK OF INDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are before this Court challenging the action of respondent No.2 in executing the Sale Deed No.10447 of 2018 dtd. 4/9/2018 in favour of respondent No.3, who is the purchaser of the property i.e. nonagriculture land situated at Mouje : Moraiya, Taluka and District : Ahmedabad, Sub-District : Sanand, Survey No.396 Paiki 1, Sub-Plot No.66 admeasuring about 2600 sq.mtrs., together with the construction standing thereon, belonging to M/s. Atrium Infocomm Private Limited - the original borrower, and further to direct the respondents No.1 and 2 - State Tax Authorities to transfer the amount of Rs.1,74,00,000.00 to the petitioners recoverable towards sale of the property in question, with interest, and further to restrain respondent No.3 - purchaser from depleting, transferring, encumbering, alienating or in any way dealing with the property in question.

(2.) This Court has, on 18/1/2023, after hearing the learned advocates for the respective parties at length, passed the following order.

(3.) In view of above, Ms. Raval, learned advocate for the petitioners has submitted the details. She has relied upon the decision of this Court recorded on Special Civil Application No.3025 of 2021 dtd. 27/10/2021 in the case of Bank of Baroda versus State of Gujarat and has submitted that this petition may be allowed by cancelling the sale deed executed by and between the respondents - Tax Authorities and the purchaser and direct the respondents - Tax Authorities to transfer the entire amount received from the said sale transaction of the property in question in favour of the petitioners.