NITABEN HARISHBHAI SHAH Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the order dated 26.05.2017 passed by the respondentTax Recovery Officer under rule 16 of the Second Schedule of the Income Tax Act, 1961 whereby the property acquired by the petitioner by registered sale deed dated 25.03.2008 is sought to be declared null and void.

(2.) The brief facts, which are culled out from the record of the petition are as under:

(3.) The petitioner acquired property being 4, Golden Tulip Bungalows (Town Planning Scheme No.21/Final Plot No.198A), Shreyas Foundation, Ellis Bridge, Ahmedabad vide registered sale deed dated 25.03.2008 for a consideration of Rs.1,15,00,000/. It was acquired from Shri Harishbhai F. Shah, Shri Bharatbhai F. Shah and Dairy Den Limited and the sale deed is duly registered with the SubRegistrar, Ahmedabad (4Paldi). The petitioner purchased the property after verifying the title thereof and that no encumbrances were recorded in the Sub Registrar's Office at the time when the petitioner executed the sale deed.