BABUBHAI KANJIBHAI MALAVIA Vs. MANJIBHAI JADAVBHAI KANANI

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor Mr. H.K. Patel waives service of Rule on behalf of the respondent - State. Learned Advocate Mr. P.P. Majmudar waives service of Rule on behalf of the private respondent.

(2.) This petition is filed for quashing of the FIR being C.R.No.I-144/2013 registered with Kamrej Police Station, Surat for the offence punishable under Sections 143, 447 and 427 of the Indian Penal Code and consequential charge-sheet bearing No. 226/2013.

(3.) The facts in brief are that the petitioners are members of Shri Gel Ambe Parivar Trust - a registered public Trust and the dispute pertains to a plot of land bearing survey No. 290, Block No.375/B admeasuring 5 Acres and 35 Gunthas. The original owners of the said land had entered into an Agreement to Sale dated 11/03/2004 with the Trust and on 19/04/2004 the possession agreement was executed and possession was also handed over to the Trust. Being a land of old tenure, restrictions under Section 73AA of the Bombay Land Revenue Code were applicable and hence, for the purpose of execution of sale-deed, appropriate permission from the Collector was necessary and accordingly in the said agreement to sale the onus was on the shoulders of the original owners to receive the necessary permission from the Collector. Consideration for such sale was paid to the original owners in cash as well as in cheque and an amount of Rs.1,50,19,152/- was paid to the original owners. Other documents in the form of general power of attorney dated 06/07/2004 and 05/04/2006 were executed by the original owners to confirm the transaction with regards to the said land. Even subsequent demand for payment towards the consideration on behalf of the original owners through their Power of Attorney was also satisfied and necessary documents to that effect were also executed.