DAHYABJHAI VAJABHAI VANKAR Vs. ASSTT COLLECTOR

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed to quash and set aside the order passed by respondent no.2 dated 26.11.1993, whereby, the revision application filed by the petitioners was rejected and the order passed by the Deputy Collector, Himmatnagar in R.T.S. Case No.13/1989 dated 11.08.1992 was confirmed.

(2.) The facts in brief are that the petitioners had purchased 1 acre 20 gunthas of land, out of the land bearing survey no.1567, by different registered sale deeds. Thereafter, the petitioners had applied for N.A. permission, for the purpose of construction of a residential house, which was granted by the authority concerned vide order dated 30.05.1988.

(3.) Pursuant thereto, the lands were divided in plots and necessary construction was made. However, the competent authority issued show Notice dated 01.03.1989 to the petitioners to show cause as to why the N.A. permission granted to them be not cancelled for committing breach of the provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Later, the proceedings were dropped by the authority concerned on arriving at the satisfaction that breach of the provisions of the said Act had been committed by the petitioners.