KUNAL VINAYKUMAR RAYLLON Vs. DHANSUKH HARJIBHAI PATEL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioners against the order dated 09.08.2019 passed below exhs. 68 and 70 in Special Civil Suit No. 140 of 2015 by the learned 4th Additional Senior Civil Judge, and Additional Chief Judicial Magistrate, Bhuj - Kachchh.

(2.) Facts in brief of the case on hand are that the land bearing revenue survey No. 30 and 173P13 of Village: Mirzapur, Taluka: Bhuj, District: Kachchh is the land in dispute. The said land originally belonged to the respondent No. 1 herein viz. Dhansukhbhai Harjibhai Patel. On 02.05.2000, Dhansukhlal executed a power of attorney in favour of his brother-in-law namely Dhirajlal. Since Dhansukhbhai Harjibhai Patel was living in Oman, his properties were being managed by his brother-in-law Dhirajlal. On 13.6.2000, on the basis of power of attorney, Dhirajlal sold out one of the lands by a registered sale deed. On 14.12.2000, Dhirajlal applied for release of certain lands from the Notification issued by the Forest Department. On 25.07.2001, Dhirajlal Ladhabhai Patel, acting as power of attorney holder of Dhansukhbhai, applied for conversion of land bearing survey No. 30 paiki A2-30G into old tenure land. On 17.05.2003, Dhansukhbhai executed a power of attorney in favour of the father of the respondent No. 3 - Vasudevbhai. After execution of power of attorney in favour of Vasudevbhai (on 17.05.2003), further communications and proceedings had been carried out by Vasudevbhai only and Dhirajlal had stopped taking any steps. On 22.12.2003, an application was submitted that on 17.05.2003, applicant Dhansukhbhai had executed power of attorney in favour of Vasudevbhai and hence, premium would be paid by him and that further communication be made with him. On 01.02.2004, third party published a notice for purchase of land bearing Survey No. 30. On 03.02.2004, Vasudevbhai had, acting as a power of attorney holder of Dhansukhbhai, published objections against the same. On 23.7.2004, Vasudevbhai paid Rs.36,60,160/- for conversion of new tenure land bearing survey No. 30 paiki A2-30G into old tenure land. On 08.09.2004, the Collector passed an order allowing the application. On 10.11.2005, Vasudevbhai issued a cheque for Rs. 30,27,088/- in Government treasury for conversion of land bearing survey No. 173 paiki A2-30G into old tenure. On 12.11.2005, the said cheque was realized from the bank account of Vasudevbhai. On 30.11.2005, the Collector passed the order converting survey No. 173 paiki A2-30G into old tenure, wherein, also name of Vasudevbhai was mentioned as a power of attorney holder of Dhansukhbhai. On 07.12.2005, Vasudevbhai applied for Development Permission and paid Rs. 33,827/- to BHADA. On 10.08.2006, Vasudevbhai appeared in the Special Civil Suit No. 205 of 2005 as a power of attorney holder of the applicant and is defending the suit on his behalf. Since land bearing survey No. 173 was included in 'Forest Zone', Vasudevbhai had, on 30.12.2004, applied for its exclusion from the 'Forest Zone' and inclusion in General Commercial Zone. On 09.05.2007, UD and UH Department, State of Gujarat replied to Vasudevbhai to apply to BHADA. On 29.02.2008, one more application was given by Vasudevbhai to BHADA. Thus, all throughout, Vasudevbhai i.e. father of respondent No. 3 herein was acting as a power of attorney holder of respondent No. 1 i.e. Dhansukhbhai.

(3.) Rule.