BHARATKUMAR C JINWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner in Special Civil Application No. 5442 of 1990 is a registered co-operative society and it is filed through the President of this housing society which is said to have purchased the land bearing Survey No. 14/1 in public auction in or about 1981 on the basis of which Entry No. 816 dated 2.10.1981 has been made which is the subject-matter of this litigation. It is averred that the notice issued by the Asst. Collector, Choryasi Prant cancelling the impugned entry by taking the matter in review on 6.1.1986 after a lapse of 5 years is without jurisdiction. The petitioner society therefore filed an appeal before the Collector which came to be rejected vide order dated 4.7.1988. Thereafter, the petitioner society filed a revision before the Secretary, Revenue Department (Appeals), Gujarat State and the Tribunal also rejected the said revision and confirmed the order passed by the Collector. Therefore, the present petition is filed by the petitioner society challenging the respective orders produced at Annexures A, B & C, on the grounds stated in the memo of petition.

(2.) Special Civil Application No. 8352 of 2009 is filed by the petitioners who are the members of respondent No. 7 society (petitioner in SCA No. 5442 of 1990) challenging the impugned order by which Entry No. 816 dated 2.10.1981 is cancelled as they are also affected. The background of the facts has also been stated that members of the society have been informed not to enter in the plots which affect their possession or rights in the society and therefore having come to know that the society has filed SCA No. 5442/90, the petitioners who are members of the society are also affected and are aggrieved and has therefore filed this petition.

(3.) The society has purchased the land in question in auction sale conducted by the Special Recovery Officer in the year 1981 and the sale was confirmed and the possession was also handed over to the purchaser Shri Bharatkumar Jinwala and Entry No. 816 was also made in the revenue record dated 2.10.1981 and thereafter the said Bharatkumar Jinwala as President of the Society obtained the permission for construction of building and thereafter the co-operative housing society has been formed. However, as the notice was issued to the petitioner in SCA No. 5442/90 (Society and Shri Bharatkumar Jinwala) by the Asst. Collector for cancelling Entry No. 816, the matter was pursued by the society and since the orders have been passed, the petition is also filed by the petitioners who are also affected by such orders as members of the same society.