JOMIBEN Vs. SUB REGISTRAR

JUDGEMENT

(1.) RULE . Ms. Asmita Patel, learned Assistant Government pleader, waives service of notices of Rule on behalf of the respondents.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India has been preferred, inter -alia, with a prayer to quash and set aside the order dated 23.08.2013, passed below Exh.21, by the learned Second Additional District Judge, Ahmedabad (Rural), in Civil Misc. Application (Guardian and Wards Act) No.08 of 2013, whereby the petitioner has been directed to invest an amount of Rs.8,00,000/ - in two Fixed Deposit Receipts (FDRs) of Rs.4,00,000/ - each in the joint name of the petitioner and her minor sons for a period of five years or till they attain the majority, whichever is later.

(3.) THE brief facts of the case are that, land bearing Block No.139 of village Asalgam, Taluka: Viramgam, District: Ahmedabad was an ancestral property, originally belonging to one Babubhai Gordhanbhai. The land, to the extent of 6576 sq. meters land is cultivable and the rest of it, that is, 2327 sq. meters is waste -land. The total area of the land is, therefore, 8903 sq. meters. Babubhai Gordhanbhai, the owner of the land, had taken a loan from Asalgam Co -operative Society Limited, in the year 1998, by creating a charge upon the land in question. Pursuant thereto, Mutation Entry No.1870 was posted and certified in the Revenue Record, in the year 1998. Babubhai Gordhanbhai expired on 30.08.2004, leaving behind him his widow Jomiben, who is the petitioner before this Court and three sons, two of whom are minors, as of date.