RAMBHAI MATAMBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, petitioners have prayed for the following reliefs :-

(2.) The brief background of the facts is that property bearing Survey No. 534 of Vadaj Sim, Ahmedabad, admeasuring about 9 Acre 13 Gunthas along with Kharaba land of 2 Acres 36 Gunthas was originally an agricultural land, totaling around 59,169 Sq. Yrds. The said land is said to have been purchased by five owners each one having 1/5th undivided share and the name of those five sharers are Shri Poonabhai Desabhai, Shri Merabhai Hathibhai, Shri Dulabhai Hansrajbhai, Shri Raijeebhai Harjeebhai and Shri Chhaganbhai Nathabhai. It is the case of the petitioners that Shri Raijeebhai Harjeebhai sold away his 1/10th share of the said land to one Shri Surabhai Poonabhai and Shri Matambhai Poonabhai and another 1/10 th share to Shri Merabhai Hathibhai somewhere in the year 1942. According to petitioners Shri Poonabhai Desabhai gifted away his 1/5th share to his sons Surabhai and Matambhai. Shri Matambhai had four sons, who are present petitioners 1 to 4 and in the same way Shri Surabhai has two sons namely, Shri Nutanbhai and Shri Ghanshyambhai, whereas Shri Ghanshyambhai has two sons namely, Shri Rajulbhai and Shri Chiragbhai who are present petitioners nos. 5 to 7.

(3.) On notice being issued by this Court, Mr. Anuj Trivedi appeared on behalf of respondent no. 2 and has submitted his reply and since pleadings having been completed both the learned advocates have requested the Court to take up the matter for its disposal. Accordingly, in view of such request, we heard the learned advocates.