RANMALBHAI LAKHUBHAI MADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Sangeeta Vishen, learned AGP appears for respondents Nos. 1,2 and 3 and Mr.Jani appears for respondent No.4 and waive service of Rule. The matter is finally heard. The learned counsel for the applicant of Civil Application No. 5620 of 2008 Mr.B.T. Rao is also heard simultaneously while hearing the main Special Civil Application.

(2.) The short facts of the case appears to be that Jamnagar Regional Teli Biya Utpadak Sahakari Sangh Ltd.(hereinafter referred to as the "Society/Sangh/Society in liquidation" for the sake of convenience) is under liquidation and the liquidator of the Sangh is holding the charge of the affairs of the Society. It is holding the land bearing Survey No.1522 admeasuring 4,03,337 sq.ft. and another land bearing Survey No.221 admeasuring 1,01,037 sq.ft. It appears that as per the petitioners, the respondent No.3 liquidator by private negotiation, without holding the public auction of the property, accepted the offer of respondent No.4 at the rate of Rs.340/ - per sq.ft. for the land bearing Survey No.1522 and for the land bearing Survey No.221 at the rate of Rs.325 per sq. ft. It appears from the order (Annexure -A) which is impugned in the petition that after passing the order, the liquidator entrusted the work for completing the procedure to the Manager Shri Kanani for execution of the Sale Deed for acceptance of the money and for handing over of the possession. The aforesaid order came to be passed on 28.01.2008.

(3.) It is the further case of the petitioners that had the land sold by public auction, it would have materialized more price and the petitioners is one of the person who is interested to submit his offer for purchasing the land in question @ Rs.400/ - per sq. ft. Under these circumstances, the petitioners have approached to this Court by the present petition. There are subsequent developments in the matter which shall be dealt with hereinafter.