JABUBHAI JANDUBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the order passed by respondent No. 1 in Revision Application No. 4/1993 dated 13.12.1993, whereby, the said application was rejected and the order passed by the Asst. Collector, Godhra dated 15.02.1993 in Case No. 53/1990 was confirmed.

(2.) THE facts in brief are that the petitioner herein has purchased the land bearing Survey No. 17 of Village Mahudibor, Taluka Jambughoda, District Panchmahals from the father of respondent Nos. 4 to 6 by way of sale deed dated 13.06.1975. Pursuant thereto, the name of the petitioner was entered in the 'Pani Patrak' as the cultivator of the said land.

(3.) THE petitioner was served with a Notice dated 20.07.1991 issued by the Deputy Collector, Godhra to show cause as to why the sale in question should not be held to be invalid. Thereafter, vide order dated 15.02.1993, the Asst. Collector, Godhra declared the sale as null and void under Section 9(1) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short, "the said Act").