RASHMIKABEN VIKRAMKUMAR PATEL Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have prayed for the following reliefs:

(2.) Heard learned Senior Advocate Mr.Mehul S. Shah assisted by learned advocate Mr.Tattvam K. Patel, learned advocate Mr.Nirzar S. Desai for respondent No.1, learned Senior Advocate Mr. Anshin H. Desai assisted by learned advocate Mr.Padmaraj K. Jadeja for respondent No.2, learned Senior Advocate Mr.Y.N. Oza assisted by learned advocate Mr.H.J. Dholakia for respondent No.3. Looking to the issue involved in the petition and with the consent of the learned advocates for the parties, the petition is being heard and decided finally.

(3.) Learned Senior Advocate Mr.Mehul S. Shah appearing for the petitioners submitted that the land situated at Village Vadaj, Town Planning Scheme No.29, Final Plot No.297, admeasuring 14176 sq. meters was originally belonged to Gujarat Housing Board. On the said land, Ekta Apartment is constructed, which is having approximately 60 flats and 36 shops. The petitioners are owning and occupying Shop Nos.215, 216 and 217 situated at ground floor in Block No.H/28 (hereinafter referred to as "the properties in question"). It is submitted that the properties in question were given to one Piyushkumar Amrutlal Jani by the respondent Board in the year 1995 by registered Conveyance Deed. The petitioners purchased properties in question by registered Sale Deed dated 30.10.2007. It is submitted that the petitioners are running business of lathe work in the name of "Surat Engineering Works" in the properties in question since 2007.