DAHIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order dtd. 20/10/2009 and 22/2/2016 passed by the Deputy Collector, Tal.Choryasi, Dist.Surat and Special Secretary (Appeals), Revenue Department ('SSRD', for short) respectively whereby the Deputy Collector held the transaction of land in favour of the petitioner in breach of provisions of Sec. 7 of the Prevention of Fragmentation and Consolidation of Holdings Act, 1947 ('the Fragmentation Act', for short) and hence declared the same to be invalid and the said order of the Deputy Collector was confirmed by the 'SSRD' vide order dtd. 23/2/2106 passed in MVV/ Kon/ ST / 1 / 2010.

(2.) Heard learned advocate Mr.Satish Pandya for the petitioner and learned Assistant Government Pleader Mr.Nikunj Kanara for Respondent State authorities.

(3.) It is the case of the petitioner that two parcels of land bearing survey no.8 admeasuring 0/3/4 Hec.Are.Sq Mtr and 0/5/6 Hec.Are. Sq mtr of land situated at Mouje : Sachin, Tal.Choryasi, Dist.Surat were purchased by the petitioner vide two separate registered sale-deeds executed in the year 1980-81 pursuant to which mutation entry was mutated in the revenue record on 11/5/1981. Though the land was purchased by the petitioner by way of registered sale-deed and mutation entry giving effect of sale of Vada kachha land was mutated in the year 1981, after a period of more than 27 years, a show cause notice dtd. 31/3/2009 was issued to the petitioner for alleged breach of provisions of 'the Fragmentation Act'.