Gujarat: Parsi man seeks quashing of FIR over ‘misusing name’ to promote land


By: Express News Service | Ahmedabad |

October 22, 2020 5:06:54 am

While the matter was listed for listening to on Wednesday, the court docket was on depart and has now been mounted for November 23.A Parsi resident of Vadodara, Feroz Falibhai Contractor, who bought a plot of land to a Muslim recognized as Firoz Muhammad Patel, has moved the Gujarat High Court looking for quashing of an FIR filed in opposition to him by the president of the housing society on August 30 alleging that he misused his “Muslim-sounding name” to evade scrutiny by the administration forward of the sale. The matter is predicted to be heard on November 23.
Contractor bought a plot within the Samarpan Housing Service Co-operative Society within the Tandalja space of Vadodara to Patel below the suitable provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 or what’s popularly often known as the Disturbed Areas (DA) Act. The housing service society is supposed for maintenance and upkeep.
However, Manish Puranchandra Malhotra, claiming to be the president of the housing service society, filed a grievance in opposition to Contractor at JP Road police station, below provisions of the Disturbed Areas Act and IPC sections pertaining to offering false info, breach of belief and forgery. Malhotra in his FIR has alleged that Contractor “despite being a Parsi, did not disclose his religion…” within the paperwork submitted earlier than the federal government authorities (district collector’s workplace) pertaining to the switch of plot to a Muslim. The FIR additionally alleges that Contractor “took advantage of his Muslim-sounding first name… so as to get permission (for transfer of property) under the Disturbed Areas Act.”
In September, the Gujarat High Court had stepped in to quash orders by the native administration of Vadodara that had cancelled permission granted earlier to Patel for building on the plot of land bought by Contractor, as reported by this paper.
Contractor in his petition submitted that the requisite types don’t ask for particulars of faith and that he had disclosed all essential info in full, as was required. Contractor has additionally submitted that the order of sale of property is unchallenged and the complainant is neither a authorities authority and primarily has no locus within the case.
Responding to Contractor’s plea, Malhotra filed an affidavit in September, submitting that Contractor, whereas submitting his paperwork with respect to switch of property, had “misguided authorities with his place of residence as Tandalja, Vadodara, which is a Muslim populated area in the entire city.”
While the matter was listed for listening to on Wednesday, the court docket was on depart and has now been mounted for November 23.
A Vadodara periods court docket of Judge Girishkumar Pasi had rejected Contractor’s plea for anticipatory bail on October 16. The court docket opined {that a} prima facie case was made out of the FIR and that Supreme Court judgments set a precedent that whosoever provides fraudulent info to a authorities authority, they will not be granted anticipatory bail. Contractor is predicted to move the Gujarat HC with a plea for anticipatory bail by subsequent week.
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