ALI ENTERPRISES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioners have prayed that the order dated 31.7.2017 passed by the Deputy Collector i.e. respondent no.3 be quashed and set aside.

(2.) Rule. Learned Assistant Government Pleader Ms.Shruti Pathak waives service of notice of rule for respondents. Heard learned advocate Mr.Mangukiya for the petitioners and learned Assistant Government Pleader Ms.Pathak for the respondents.

(3.) Learned advocate for the petitioners contended that the petitioner nos.1 and 6 are partnership firms whereas petitioner nos.2 and 5 as well as the petitioner nos.7 and 8 are the partners of the partnership firms. Petitioner nos.1 and 6 jointly purchased the property bearing city survey no.2021/34 of city survey seat no.41 of Shahpur Ward No.2 admeasuring 1038.84 sq.mtrs. from a cooperative institution namely Majoor Sahakari Bank Ltd., which was in liquidation and with approval of Registrar, Co.op.Society. The said bank purchased the property from its erstwhile owner Sarabhai by sale deed which was executed on 15.11.1962. Learned advocate for the petitioners referred the averments made in the petition and thereafter submitted that the petitioner nos.1 and 6 purchased the property in question by registered sale deed. At that time, the permission under Section 5 of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1986 (hereinafter referred to as 'the Act of 1986') was sought for by the concerned party. The said permission was granted by respondent no.3 by an order dated 16.5.2013 on certain terms and conditions. Learned advocate Mr.Mangukiya has referred to the copy of the said order which is produced at page no.40 of the compilation.