TAIYABALI YUSUFALI & 4 Petitioner(s) Versus STATE OF GUJARAT & 2 Respondent(s) ===================================== Appearance :
MR PM BHATT for Petitioner(s) : 1 5.MR RISHIT P BHATT for Petitioner(s) : 1 5.
None for Respondent(s) : 1 3.
===================================== CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE G.B.SHAH Date : 14/09/2012 ORAL ORDER (Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Learned counsel for the petitioners has asked that the land belong to the father of the petitioners and application for reference was made by the father of the petitioner through an Administrator but the father of the petitioners had never executed any document, which confer any right on the Administrator nor any compromise was entered between the Administrator and the father of the petitioners. Therefore, the petitioners being the only heirs of their father, were entitled to SCA/7768/2012 2/2 ORDER entire amount of compensation but the Reference Court has illegally awarded 70% compensation to the Administrator and 30% to the heirs. Prima facie, we find force in the petition filed by the petitioners. Therefore, the petitioners are entitled for interim order.
2. RULE. Until further order, the amount deposited with the State Bank of India in pursuance to the order dated 05/07/2011 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Case No. 62 of 1993 shall remain in deposit with the bank and the Fixed Deposit Receipt (FDR) shall be renewed from time to time, subject to the final outcome of the writ petition.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren