Authorities must consider all relevant reports and evidence before rejecting an application under the Act.

ORDER :

1. The present petition under Article 226 of the Constitution of India, is filed seeking the following reliefs :-

“15(a) Your Lordships will be pleased to admit the petition;

(b) Your Lordships will be pleased to quash and set aside the order passed by the respondent no.1 at Annexure P dated 31.07.2017 and the respondent no.2 at Annexure R in revision application no.SSRD/Ashant/VDD/8/2017 dated 18.06.2018.

c. Your Lordships will be pleased to direct the respondent no.1 to grant the permission to transfer the said property to Nazirabanu Zakirbhai Mayat;

d. Your Lordships will be pleased to allow the petition;

e. Any other relief deem fit and proper in nature of justice may pleased be granted;

f. Cost of this petition may pleased be awarded.”

2. The brief facts as stated by the present petitioners are red thus:-

2.1 The petitioners no.1 and 2 applied for the permission to the respondent no.1 under the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from the Premises in Disturbed Areas Act, 1991, seeking transfer of the said property to the petitioner no.3. The petitioners no.1 and 2 purchased the property being bungalow No.A/69, which is an independent bungalow but various independent bungalow owners have created a service society named Samarpan Housing Society and accordingly, the Bungalow is situated in Samarpan Co. Operative Housing Society Ltd., more particularly, situated at F.P. No.8 in T.P.Scheme No.22, old revenue survey no.376/1 and 377 and city survey no.523 and 525 by registered sale deed on 06.05.1993 from owner Shri Habib Mohammad Khokhar. Hasmukhbhai Nagjibhai Patel expired on 04.02.2011 leaving behind the petitioners no.1 and 2 as his legal heirs and the said property was owned and possessed by the petitioners no.1 and 2. Mrudulaben and Srujal i.e. the petitioners no.1 and 2 executed a power of attorney in favour of the one Shri Mahesh Nagjibhai Patel on 10.11.2015. The petitioners no.1 and 2 sold the said property to the petitioner no.3 by a registered sale deed on 01.05.2017. The Sub Registrar issued a notice dated 02.05.2017 to the petitioner no.3 to deposit the deficit stamp duty.

2.2 Pursuant to the application filed by the petitioners no.1 and 2 seeking permission under the Act to transfer the said property to the petitioner no.3, the Collector vide letter no.Avit/Vashi/2078/17 wrote a letter to the Mamlatdar. The Collector, Vadodara also wrote a letter to the Police Commissioner, Vadodara vide letter no.Avit/Vashi/2078/17. The Talati inquired into the same and informed to the Deputy Collector, Vadodara, vide Communication dated 08.05.2017 that there is no hindrance in granting permission to the petitioners no.1 and 2.

2.3 The Police Commissioner in turn informed the Deputy Commissioner of Police to inquire and to submit the report. The Deputy Commissioner in turn informed the Police Inspector, J. P. Police Station to inquire into the same. It appears that the President and Vice President of the society filed objection before the police authority. Accordingly, Police Inspector, J P Police Station, Vadodara, reported to Dy. Police Commissioner on 27.06.2017 not to give permission to petitioners no.1 and 2 to transfer the property to petitioner no.3. The Dy. Police Commissioner in turn wrote the letter to the Police Commissioner, Ahmedabad on 02.07.2017 not to give permission to transfer the said property. The Asst. Police Commissioner wrote a letter dated 05.07.2017 to the Dy. Collector, Vadodara not to give permission to the petitioners no.1 and 2 to transfer the property. Considering the report of the Asst. Police Commissioner, Vadodara, the Dy.Collector Vadodara refused to give permission by passing order dated 31.07.2017.

2.4 The petitioners being aggrieved and dissatisfied by the order dated 31.07.2017 passed by the respondent no.1 preferred Revision Application before the respondent no.2 being SSRD/Ashant/VDD/8/2017 which came to be rejected by or