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2020 Supreme(Guj) 465

BIREN VAISHNAV
Onali Ezazuddin Dholkawala – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioners:Mr. Mtm Hakim, Advocate With Mr. Mohmedsaif Hakim
For the Respondent: Mr. K.M. Antani, AGP.

JUDGMENT :

1. In this petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 30.01.2017 passed by the Deputy Collector, Vadodara, so confirmed by the Secretary, Revenue Department (Appeals), on 13.06.2018. By the aforesaid orders, the petitioners' application for prior permission for purchase of the property made under Section 5 of the Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 (hereinafter to be referred to as 'the Disturbed Areas Act' for short) has been rejected.

2. Facts in brief are as under:

2.1 The property in question is a property situated at City Survey No.160, TIKA No.18/3, Vibhag-A of Vadodara City. The property is of the ownership of one Shri Dinesh Hiralal Modi and Shri Deepakbhai Hiralal Modi (hereinafter to be referred to as 'the sellers' for short).

2.2 It is the case of the petitioners that the intended sellers wanted to transfer the property in favour of the petitioners. They therefore executed sale deed. Such sale deed was presented before the Sub-Registrar for registration. It was at that point of time that the parties noti

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