The Kalol Taluka Sales And Purchase ... vs State Of Gujarat on 29 October, 2021

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Gujarat High Court

The Kalol Taluka Sales And Purchase ... vs State Of Gujarat on 29 October, 2021

Bench: Bhargav D. Karia

     C/SCA/686/2021                                  ORDER DATED: 29/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


           R/SPECIAL CIVIL APPLICATION NO. 686 of 2021
                              With
      CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021
                                In
           R/SPECIAL CIVIL APPLICATION NO. 686 of 2021
==========================================================
        THE KALOL TALUKA SALES AND PURCHASE UNION LTD.
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR PUSHPADATTA VYAS(1296) for the Petitioner(s) No. 1
Mr. Dhawan Jayswal, AGP PP(99) for the Respondent(s) No. 1
MR CHIRAG B PATEL(3679) for the Respondent(s) No. 2
MR UM SHASTRI(830) for the Respondent(s) No. 4,5,6,7,8
NOTICE SERVED(4) for the Respondent(s) No. 1,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                           Date : 29/10/2021
                            ORAL ORDER

ORDER IN CIVIL APPLICATION

1.Heard learned advocate Mr. Pushpadatta Vyas for the applicant and learned advocate Mr. Chirag Patel for respondent No.2.

2.This application is filed seeking permission to join legal heirs of respondent No.4- Ganibhai Ibrahimbhai Gora who died on 30.07.2021 as respondent No. 4.1 to 4.6 in the main petition.

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C/SCA/686/2021 ORDER DATED: 29/10/2021

3.Considering the averments made in the application, the application is allowed. Legal heirs of respondent No.4-Ganibhai Ibrahimbhai Gora are permitted to be joined as respondent Nos. 4.1 to 4.6 in the main petition. Civil Application is disposed of.

ORDER IN SPECIAL CIVIL APPLICATION

1.Heard learned advocate Mr. Pushpadatta Vyas for the petitioner, learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State, learned Senior Advocate Mr. B.S.Patel for learned advocate Mr. Chirag Patel for respondent No.2 and learned advocate Mr. Nilesh Pandya for respondent Nos. 4.1 to 4.6, 5 to 8.

2.Pursuant to the order dated 27.10.2021, it is reported that respondent Nos. 4.1 to 4.6 and 5 to 8 have vacated the premises and handed over the possession of the same to the authorized officer of the respondent No.2- Bank. Respondent No.2-Bank has filed an affidavit reporting compliance of the order dated 27.10.2021 which is ordered to be taken on record. In the affidavit of respondent No.2, it is stated as under:

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C/SCA/686/2021 ORDER DATED: 29/10/2021 "1. I submit that pursuant to order dated 27.10.2021 passed by the Honourable Court, answering respondent no. 4 to 8 have handed over the possession of properties to the respondent no. 2 on 27.10.2021. Copy of the panchnama dated 27.10.2021 is appended hereto and marked as Annexure-

R1 to the present affidavit. I state that storage is locked by the respondent no. 2 and open land is taken over by the answering respondent no.2 by drawing panchnama. Now Both properties are in physical possession of respondent no.2. I respectfully submit that order passed by the Honourable court on 13.10.2021 is now complied with by the answering respondent no.2 bank.

2. I state that as merely auction is set aside by the Honourable Court and therefore the answering respondent no. 2 reserves its right to recover its due amount from petitioner as Well as to create encumbrance upon the aforesaid both properties till dues of the answering respondent no.2 are paid.

3. I state that I have deposited demand draft no. 000613 dated 27.10.2021 through the Gujarat State Co-op. Bank Ltd. with the registry of the Honourable Court on 28.10.2021 through our advocate, photocopy of the demand draft is appended hereto and marked as Annexure-R2 to this affidavit."

3.As stated in the aforesaid affidavit, the respondent has already deposited Rs. 23 lakh in the Registry yesterday.

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C/SCA/686/2021 ORDER DATED: 29/10/2021

4.Learned advocate Mr. Pandya prays that let the Registry to issue account payee cheque of Rs. 23 lakh in the name of respondent No.5 on behalf of respondent Nos. 4.1 to 4.6 and 5 to

8. It was further submitted that an undertaking shall also be filed by respondent No.5 before this Court that the amount shall be disbursed between respondent Nos. 4.1 to 4.6 and 5 to 8 as per the share stated in the sale deed.

5.Learned advocate Mr. Pandya further submitted that respondent Nos. 4.1 to 4.6 and 5 to 8 shall file an affidavit, if any further amount is required to be paid by the respondent No.2 before the next date of hearing.

6.In view of the above submissions and statements, Registry is directed to issue an account payee cheque in the name of respondent No.5 for Rs. 23 lakh deposited by respondent No.2. Respondent No.5 is directed to file an undertaking before the Registry on or before 16th November,2021 to the effect that the amount of Rs. 23 lakh shall be disbursed by respondent No.5 between respondent Nos. 4.1 to 4.6 and 5 to 8 as per Page 4 of 5 Downloaded on : Sat Oct 30 02:13:09 IST 2021 C/SCA/686/2021 ORDER DATED: 29/10/2021 their share stated in the sale deed which is now cancelled.

7.Respondent Nos. 4.1. to 4.6 and 5 to 8 shall file further affidavit, if any, on or before the next date of hearing.

Stand over to 18th November,2021.

(BHARGAV D. KARIA, J) JYOTI V. JANI Page 5 of 5 Downloaded on : Sat Oct 30 02:13:09 IST 2021

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