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CA/3169/2009 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR JOINING PARTY No. 3169 of 2009
In
SPECIAL
CIVIL APPLICATION No. 17852 of 2003
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
MRUDULABEN
BANKIMBHAI DESAI - Petitioner
Versus
STATE
OF GUJARAT & 3 - Respondents
======================================
Appearance :
MR
PREMAL R JOSHI for the Petitioner.
MR NIKUNT RAVAL, AGP for
Respondent Nos. 1 to 3.
MR KK TRIVEDI for Respondent
No.4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/01/2010
ORAL
JUDGMENT
1. The
present Civil Application has been preferred by the applicant (third
party) permitting her to be joined as respondent No.4 in main Special
Civil Application No.17852 of 2003.
2. It
is the case on behalf of the applicant that the disputed land, which
is subject matter of main petition was put to auction by State
Government as excess vacant land and the applicant is highest offerer
and his offer has been accepted and the applicant has purchased the
said land at the rate of Rs.5,000/- per sq.mtr.
3. It
is the case on behalf of the applicant in para-16 of the present
application that the applicant deposited 25% amount of the sale
consideration i.e. Rs.32,50,000/- plus 25% of stamp duty i.e.
Rs.8,12,500/- before the State Government vide Challan No.11 dated
30/12/2003 and the applicant was informed by the Competent Authority
and Additional Collector, Urban Land Ceiling to deposit further
amount of Rs.24,37,500/- and Rs.3,64,000/- towards stamp duty vide
letter dated 29/03/2004. However, when the applicant went to deposit
the said amount with the Competent Authority and Additional
Collector, Urban Land Ceiling, the said amount has not been accepted
by the Competent Authority and Additional Collector, Urban Land
Ceiling due to pendency of Special Civil Application No.17852 of
2003. Hence, the applicant has preferred the present application
permitting her to be joined as party respondent No.4 in the main
petition.
4. Mr.K.K.Trivedi,
learned advocate appearing on behalf of the Opponent No.4
original petitioner has tried to oppose the present application by
submitting that the applicant has not paid the full sale
consideration and, therefore, it cannot be said that the applicant
has become absolute owner of the land in question.
5. Mr.Premal
Joshi, learned advocate appearing on behalf of the applicant has
submitted that in fact after the sale was confirmed in favour of the
applicant, the applicant did approach the Competent Authority and
Additional Collector, Urban Land Ceiling for depositing the sale
consideration, however, the said amount was not accepted by the
Competent Authority and Additional Collector, Urban Land Ceiling due
to pendency of the main petition. It is further submitted that
without prejudice to the rights and contention of the respective
parties, still the applicant shall deposit the balance amount of
sale consideration with the Competent Authority and Additional
Collector, Urban Land Ceiling within the time, that may be fixed by
this Court.
6. Considering
the aforesaid facts and circumstances of the case more particularly
when it is case on behalf of the applicant that the applicant has
purchased the disputed land, which is subject matter of the main
petition, the applicant can be said to be an interested party in the
proceedings. Under the circumstance, without prejudice to the rights
and contentions of the respective parties, applicant is ordered to be
joined as party respondent No.4 in main petition i.e. Special Civil
Application No.17852 of 2003. The applicant to deposit the balance
amount of sale consideration with Competent Authority and Additional
Collector, Urban Land Ceiling, within a period of four weeks from
today, without prejudice to the rights and contentions of the
respective parties and without affecting the proceedings of main
petition i.e. Special Civil Application No.17852 of 2003 and the
Competent Authority and Additional Collector, Urban Land Ceiling to
accept the same without prejudice to the rights and contentions of
the respective parties in the main petition. Registry is directed to
amend the cause title of the main petition accordingly. Rule is made
absolute to the aforesaid extent.
[M.R.SHAH,J]
*dipti
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