Z.K.SAIYED
VISHAD PADMANABH MAFATLAL – Appellant
Versus
STATE OF GUJARAT THROUGH SECRETARY – Respondent
1. The petitioners have filed this petition under Articles 14 and 226 of the Constitution of India praying for declaration that the respondents, their servants and agents have no jurisdiction to require the petitioners to obtain Court’s order merely for the purpose of registering the document and entering the same in the village records as and when presented for verification.
2. Heard Mr. D.V. Parikh, learned advocate appearing for Mr. N.P. Shah, learned advocate for the petitioners and Mr. Rohan Yagnik, learned AGP for the respondent – State.
3. Mr. D.V. Parikh, learned advocate appearing for the petitioners has submitted that the property in question does not belong to the minors and their names are only entered in village form 7 X 12 subsequently to show them as members of the family of an agriculturist. He has referred to Sections 8(1), 8(2) and 8(3) of the Hindu Minority & Guardianship Act, which are quoted below :
“8(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but
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