GHANSHYAMBHAI RATILAL RAVAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order dated 3rd March, 2016 passed by the Tax Recovery Officer-3, Ahmedabad on the application dated 29.6.2015 made by the petitioner for lifting of attachment over an approximately 300 square yards plot in Kundannagar Cooperative Housing Society Limited, Behind Ocean Park, Near Nehrunagar Circle, Satellite Road, Ahmedabad, whereby the application has been held to have been redressed and filed.

(2.) The facts giving rise to the present petition are that the respondent No4 Cooperative Society purchased land bearing Survey No.181 of village Vasna, Taluka & District - Ahmedabad admeasuring 6,800/- square yards by way of registered sale deeds in the year 1970. The petitioner applied for and was admitted to the membership of the said society. Since the petitioner was not allotted any plot, he was constrained to file Lavad Suit No.1240 of 1999 before the Board of Nominees under section 96 of the Gujarat Cooperative Societies Act, 1961.

(3.) By an order dated 3.5.2005, the Board of Nominees allowed the suit and directed the defendants therein, viz., the respondents No.4 and 5 to allot a plot admeasuring 300 square yards to the petitioner. Since the respondents No.4 and 5 did not handover the possession of a plot admeasuring 300 square yards to the petitioner in compliance with the directions issued by the Board of Nominees, the petitioner was constrained to file Execution Application No.459 of 2011 before the City Civil Court, at Ahmedabad. By an order dated 7.3.2014, the executing court observed that the petitioner was entitled to possession of 300 square yards of land and directed that the petitioner be handed over possession of a plot admeasuring 300 square yards, the particulars whereof were contained in the map placed before the court through the Court Commissioner. Pursuant to the order dated 7.3.2014 made by the executing court, the Court Commissioner handed over the possession of a plot admeasuring 300 square yards (hereinafter referred to as the "subject land") to the petitioner in the presence of panchas. The petitioner was also given a receipt evidencing possession which was signed by the petitioner and the panchas on 28.11.2014.