Court : Gujarat
Decided on : Mar-17-2001
Reported in : AIR2001Guj275; (2001)3GLR2678; (2001)3GLR822
r.k. abichandani, j.1. the appellants challenge the order dated 2nd april, 1992 made by the learned single judge in special civil application no. 2326 of 1992 dismissing the petition in which the appellants had challenged the action of the respondent no. 1-co-operative housing society of deducting an amount of rs. 3,25,085-00 by way of premium from the sale consideration that the appellants were to receive pursuant to the sale of their house property in the society, and also the approval granted by the respondent no. 2-district registrar of co-operative societies to regulation 6a [form-b] of the bye-laws of the society, pursuant to which such premium was deducted. a direction was also sought on the district registrar to secure implementation of his circular dated 20-4-1988 and thereby get released the aforesaid amount to the appellants.2. sub-plot no. 23 in the respondent-society was in the joint names of the appellants and was sold by them to devan vikas mandal and new devan vikas mandal by different registered sale deeds dated 15-2-1991. the managingcommittee of the society resolved on 9-2-1991 to enter the name of the transferee as the member of the society. the transferee deposited the full value of consideration of rs. 26,07,231-04 with the society and out of that amount, the society deducted rs. 3,26,085-00 as premium of sale consideration as per the provisions contained in regulation 6a of form 'b' attached to the bye-laws.3. the learned single judge noted that a .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-27-2001
Reported in : (2002)4GLR2844
a.r. dave, j.1. these four appeals have been filed against a common judgemnt dated 5.3.2001 passed by the learned single judge in 4 special civil applications. as the facts pertaining to all the four appeals are quite similar, all the appeals are heard together and they are being disposed of by this common order.2. the appellants are original petitioners who are aggrieved by the orders whereby lands allotted to them had been forfeited and had vested in the government by different orders. certain undisputed facts giving rise to the present litigation are as under :3. special civil application no. 7890 of 2000 was filed by three petitioners on an apprehension that residential plots allotted to them might be forfeited in favour of the government. their apprehension was on account of certain internal communication which had taken place between certain government authorities. at the time when the said petition was filed, no order cancelling the allotment had been passed. during the pendency of the said petition, orders were passed by the taluka development officer, lunawada, whereby the residential plots allotted to them were forfeited in favour of the government. in the circumstances, the petition was amended and three more petitions were also filed by the petitioners for challenging each order passed by the tdo.4. the petitioners had submitted before the concerned government authority in 1981 that they were poor and landless residents of village bakore and in pursuance of their .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-20-2001
Reported in : AIR2002Guj221; (2002)2GLR1109
r.k. abichandani, j. 1. the appellant-municipal corporation has challenged the judgment and order of the learned single judge quashing the proceedings initiated by the respondent-corporation for the sale of the property scheduled in the petition and restraining the corporation from selling or attempting to sell by public auction or otherwise the property in question and from taking any steps against the property for recovery of its property tax dues for the period prior to the auction sale.2. the respondent-petitioner had prayed for a direction against the municipal corporation for not proceeding with the sale of the property for realisation of its dues in respect of that property for any period between 24th february, 1955 and 17th july, 1973. according to the petitioner, since it had purchased the property bearing survey no. 70 admeasuring 6050 sq. yards (1 acre & 7 gunthas approximately), which was specified in the schedule to the petition, in a public auction which was held on 17th july, 1973 by the commissioner for taking accounts pursuant to the orders made in darkhast no. 304 of 1971 by the ahmedabad city civil court for execution of the mortgage decree obtained by the gujarat stale finance corporation against the original owner-mortgagor m/s. shivlal virchand contractor and a sale certificate was issued in respect of the said property, the respondent-petitioner became its absolute owner from 17-1-1974 and had acquired a title free from all charges and mortgages created .....Tag this Judgment!