KOLI VELIYABHAI KHALPABHAI Vs. KOLI DITIYABHAI JALIABHAI

JUDGEMENT

(1.) This petition is filed for an appropriate writ, order or direction quashing and setting aside the order passed by the Deputy Collector, Chhotaudepur in Fragment (Tukda Bhang) Case No.155 of 1985 dt. July 30, 1987 and confirmed by the State Government in Revision Application No.SRD/KON /VDD/1/88/89, on July 28, 1988.

(2.) The case of the petitioner was that he was the owner and occupier of the land bearing Survey No. 341 (Part) situated in the sim of village Vaghava, Tal. Jetpur, Dist. Vadodara. In support of the same, he has produced Village Forms 7-7A and 12. It was his case that adjoining to his land i.e. land bearing Survey No. 341 (Part), there was a land bearing Survey No. 330 belonged to Koli Ditiyabhai Jaliyabhai -respondent no.1 herein. The petitioner has purchased the said land bearing Survey No. 330 in its entirety by a registered sale deed. A registered sale deed was executed on May 25, 1976. The petitioner was put in possession. An entry to that effect was made and was certified on 4th October, 1977 by the revenue authority.

(3.) It appears that after long lapse of time, the proceedings were initiated by the Deputy Collector under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as the "Act"). The vendor as well as vendee were issued notices. The case was registered as Fragment (Tukda Bhang) Case No.155 of 1985. The vendor did not appear before the competent authority, but the present petitioner appeared. He contended that he was the owner of the adjoining land and had purchased the said land by registered sale deed in 1976. Entry to that effect was made in the revenue record and was certified as early as in the year 1977. He had also stated that when he had purchased entire land, there was no breach or violation of any provision of law, particularly when he was owner of adjoining land.