Gujarat High Court
Ibrahim Rafique Memon Through Poa … vs State Of Gujarat on 1 January, 2025
NEUTRAL CITATION
C/SCA/9127/2024 ORDER DATED: 01/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9127 of 2024
==========================================================
IBRAHIM RAFIQUE MEMON THROUGH POA HOLDER RAFIQUE KARIM
MEMON
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MOHMEDSAIF HAKIM(5394) for the Petitioner(s) No. 1
MR BHARAT VYAS AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 01/01/2025
ORAL ORDER
1. The present Special Civil Application is filed praying for the
following reliefs:
“(A) THIS HON’BLE COURT MAY BE PLEASED TO quash
and set aside the impugned order dated 07/11/2023
(ANNEXURE-A) passed by the Deputy Collector, City
Prant, Surat in Application No. CTS/ASHANT
DHARO/REGI No.113/2020.
(B) THIS HON’BLE COURT MAY BE PLEASED TO allow
and grant the Application No. CTS/ASHANT
DHARO/REGI No.113/2020 dated 03/09/2020 of the
petitioner preferred under the Gujarat Prohibition of
Transfer of Immovable Property and Provision for
Protection of Tenants from Eviction from Premises in
Disturbed Areas Act, 1991.
(C) Pending admission, hearing and final disposal of
the present petition, THIS HON’BLE COURT MAY BE
PLEASED to stay the execution, implementation and
operation of impugned order dated 07/11/2023 passed
passed by the Deputy Collector, City Prant, Surat in
Application No. CTS/ASHANT DHARO/REGI
No.113/2020.
(D) THIS HON’BLE COURT MAY BE PLEASED TO grant
such other and further relief as may be deemed fit, justPage 1 of 3
Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Wed Jan 01 2025 Downloaded on : Wed Jan 01 21:42:02 IST 2025
NEUTRAL CITATIONC/SCA/9127/2024 ORDER DATED: 01/01/2025
undefined
and proper in the facts and circumstances of the case,
in the interest of justice and equity.
(E) THIS HON’BLE COURT MAY BE PLEASED TO award
the costs of the petition throughout;”
2. Learned counsel for the petitioners submits that the impugned
order is in contravention of the provisions of Section 5(3)(b) of The
Gujarat Prohibition of Transfer of Immovable Property and Provision
for Protection of Tenants from Eviction from Premises in Disturbed
Areas Act, 1991 (for short, ‘the Act, 1991’). He further submits that
by the impugned order, the competent authority, i.e. Deputy
Collector, City Prant, Surat has not adverted to the provisions of
Section 5(3)(b) of the Act, 1991 whereby to decide the transfer of
immovable property, free consent of the persons intending to be the
transferor and the transferee and fair value of the immovable
property proposed to be transferred is to be decided. He submits
that no such finding is rendered in the impugned order and
permission has been rejected on extraneous considerations which
are not germane. He, therefore, submits that the impugned order be
set aside and the matter be remanded to the competent authority
for consideration afresh.
3. Learned Assistant Government Pleader submits that the
application has been decided after obtaining relevant opinions from
the authorities concerned as well as the objectors. He submits that
the concerned authority has passed the impugned order after taking
into consideration all the relevant factors.
4. Learned advocate for the petitioners submits that though
opinion has been obtained by the competent authority, however the
competent authority has skipped the purport of the provisions of
Section 5(3)(b) of the Act, 1991.
Page 2 of 3
Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Wed Jan 01 2025 Downloaded on : Wed Jan 01 21:42:02 IST 2025
NEUTRAL CITATION
C/SCA/9127/2024 ORDER DATED: 01/01/2025
undefined
5. In view of the aforesaid submissions made by the learned
counsels for the parties, this Court is of the considered opinion that
the impugned order is not in accordance with the provisions of
Section 5(3)(b) of the Act, 1991. In catena of decisions, this Court
has held that for considering the application under the Act, 1991,
firstly, free consent of the persons intending to be the transferor
and the transferee and secondly, whether the transfer is for fair
value of the immovable property proposed to be transferred is to be
considered and adjudicated. In the impugned order, no such finding
has been rendered by the competent authority on these aspects.
The impugned order is, therefore, bad in law and deserves to be set
aside. Accordingly, the impugned order is quashed and set aside.
The case is remanded back and the Deputy Collector, City Prant,
Surat is directed decide the application afresh on its own merits in
accordance with law after giving due hearing to the petitioner
strictly in accordance with the provisions of Section 5(3)(c) of the
Act, 1991 within a period of six weeks from the date of receipt of
this order.
6. It is made clear that this Court has not gone into the merits of
the case and no opinion is expressed thereon.
7. With the aforesaid directions, the present Special Civil
Application stands DISPOSED OF.
Direct service is permitted.
(ANIRUDDHA P. MAYEE, J.)
cmk
Page 3 of 3
Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Wed Jan 01 2025 Downloaded on : Wed Jan 01 21:42:03 IST 2025