KIRITKUMAR KANTILAL SHAH Vs. PRAVINKUMAR KHODIDAS

JUDGEMENT

(1.) This petition preferred under Articles 226 and 227 of the Constitution of India arises from the order dated 28th July 2004/30th September 2004 made by the Additional Secretary (Appeals) in respect of the land bearing Survey No.510 situated at village Thaltej, Taluka Dascroi in Revision Application No.7/1998 filed by the respondent nos.1 to 4, the original land owners and the vendors. Petitioner is the purchaser from the respondent nos.1 to 4.

(2.) Learned advocate Mr.Vakil has appeared for the respondent nos.1 to 4, the revision applicants before the State Government. He places on record the affidavits made by each of the respondent nos.1 to 4 declaring that they accept the order made on 7th March 1998 by the Deputy Collector, Viramgam in suo motu proceeding initiated under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Each of the respondent nos.1 to 4 seeks leave to withdraw the Revision Application No.7/1998 filed before the State Government.

(3.) The affidavits are taken on record. In above view of the matter the impugned order dated 28th July 2004/30th September 2004 made by the Additional Secretary (Appeals) in Revision Application No.7/1998 is quashed and set-aside. The Revision Application No.7/1998 is rejected as withdrawn. Rule is made absolute. The parties will bear their own cost.