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1999 Supreme(Guj) 461

D.C.SRIVASTAVA
RAVIDARSHAN CO OPERATIVE HOUSING SOCIETY LTIMITED – Appellant
Versus
PRAFULLAKUMAR THAKAR,secretary,revenue DEPARTMENT – Respondent


Advocates Appeared: HARSHA N.DEVANI, S.B.VAKIL

D. C. SRIVASTAVA, J.

( 1 ) THE prayer of the petitioners in this petition is for setting aside the order dated 30-9-1989 Annexure-B passed by the Collector, Surat, in Suo Motu Case No. 64 of 1989 and revisional order dated 23-3-1995. Annexure-A passed by the respondent No. 1 in exercise of revisional power under Sec. 211 of the Bombay Land Revenue Code.

( 2 ) THE brief facts giving rise to this writ petition are as under :the petitioner-Society is a registered society under the Gujarat Co-operative societies Act, 1961. One Bhagabhai Nathabhai was a debtor of the creditor- society to the tune of Rs. 264. 85 ps. for which Mohanbhai Vithalbhai, owner of the land was guarantor. For recovery of the said debt of the creditor-society, the Special Recovery Officer, Surat, held public auction on 14-4-1981 in which the petitioner-society was the highest bidder at Rs. 1,80,000/ -. Vide order dated 18-5-1981 the Special Recovery Officer, Surat, accepted the highest bid of the petitioner and confirmed the sale. Pursuant thereto mutation entry dated 23-5-1981 was made in the revenue records vide Annexure-C. The petitioner society was thus a bona fide purchaser for value without any notice of any





















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