The Kalol Taluka Sales And ... vs State Of Gujarat
2021 Latest Caselaw 16144 Guj

     C/SCA/686/2021                                    ORDER DATED: 13/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 686 of 2021

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        THE KALOL TALUKA SALES AND PURCHASE UNION LTD.
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR PUSHPADATTA VYAS(1296) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR CHIRAG B PATEL(3679) for the Respondent(s) No. 2
MR UM SHASTRI(830) for the Respondent(s) No. 4,5,6,7,8
NOTICE SERVED(4) for the Respondent(s) No. 1,3
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 13/10/2021
                                 ORAL ORDER

Heard learned advocate Mr.Pushpadatta Vyas for the petitioner, learned Assistant Government Pleader Mr.Ishan Joshi for the respondent State, learned advocate Mr.Chirag Patel for the respondent No.2 and learned advocate Mr.Nilesh Pandya appearing on behalf of learned advocate Mr.U.M. Shastri for the respondent Nos.4 to 8.

The Division Bench of this Court (Coram: Hon'ble Mr.Justice V.M. Sahai and Hon'ble Mr.Justice Mr.A.J. Desai) vide judgment and order dated 25th April, 2012 quashed and set aside the auction process and respective sales carried out by the respondent No.2 - Panchmahal District Central Co-op. Bank Ltd. in favour of the respondent Nos.4 to 8.

C/SCA/686/2021 ORDER DATED: 13/10/2021

Learned advocate Mr.Pandya has submitted that the respondent No.4 has expired.

Learned advocate Mr.Vyas submits that the civil application for bringing the legal heirs of the respondent No.4 is filed.

Office to list such application on the next date of hearing alongwith this matter.

Meanwhile, learned advocate Mr.Patel is directed to see that the order passed by the Division Bench of this Court on 25th April, 2012 which is confirmed by the Hon'ble Supreme Court vide order dated 3rd March, 2014 by dismissing the Special Leave Petition (Civil) No.5326 of 2013 arising out of the same judgment is implemented forthwith and report to this Court before the next date of hearing.

Stand over to 27th October, 2021. The respondent No.2 shall not handover the possession to the petitioner without the permission of this Court.

(BHARGAV D. KARIA, J)

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