VITTHALBHAI M PATEL Vs. DEPUTY COLLECTOR KAIRA

JUDGEMENT

(1.) The present appeal arises against the order passed in SCA No.3250 of 1988 by the learned Single Judge of this Court on 23.3.2000, whereby the petition has been dismissed and the order of the State Government in revisional jurisdiction under Prevention of Fragmentation Act (hereinafter referred to as 'the Act for short) has been confirmed.

(2.) The relevant facts are that the petitioner purchased the land bearing Plot No.902 admeasuring 5 acre 2 gunthas at Village Vena, Taluka Nadiad, by registered sale deed dated 1.4.1972. The revenue entry was mutated based on the said sale deed and it appears that the said revenue record continued for about 12 years. On 14.9.1984, a show-cause notice came to be issued under the Act as to why the sale should not be declared as void and illegal by the Deputy Collector, Land Reform, Kheda. In the said proceedings ultimately vide order dated 29.9.1984 the sale was declared as void and the penalty was also imposed to the original owner of Rs.50/-. The petitioner carried the matter in revision before the Secretary of the State Government. The Secretary of the State Government ultimately vide order dated 29.4.1988 dismissed the revision. The petitioner preferred Special Civil Application No.3250 of 1988 before this Court for challenging the legality and validity of the order passed by the Secretary of the State Government in revisional jurisdiction. In the said petition, the learned Single Judge found that there is delay of 12 years for initiating the proceedings, however, the learned Single Judge took the view that if the transaction is void and if the action is not taken for a long time and thereafter when the action is taken, the proceedings are said to be barred on the ground of delay, it would frustrate the purpose of the Act and it would encourage the illegal activity and, therefore, the learned Single Judge ultimately dismissed the petition. It is under these circumstances, the present appeal before us.

(3.) We have heard Mr.Shital Patel for Mr.A.J. Patel, learned Counsel for the petitioner and Mr.Trivedi, learned Addl. Government Pleader for the State Authorities.