THAKORE JECKYBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed challenging the legality and validity of the order dtd. 23/6/2022 passed by the Special Secretary, Revenue Department, in the Revision Application No.MVV/CON/MASAN/ 1/2022. The Secretary has set-aside the order dtd. 27/1/2022 passed by the Mamlatdar, Mahesana, in SASU/TUKDA/BLOCK BHANG/ CASE No.1/2020, which pertains to the land bearing Block No.1204 (old Survey No.604) of village Linch, Taluka Mehsana, which is claimed by the petitioners as an ancestral land running in the name of the petitioners' family since their forefathers.

(2.) Learned advocate for the petitioners submitted that the land in question was falling in the area covered under Sec. 3 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short, 'the Fragmentation Act') and, therefore, a consolidated holding cannot be transferred or fragmented. It is argued that the transaction in favour of the respondent was without the permission and, therefore, in breach of the provisions of the Fragmentation Act.

(3.) Learned advocate for the petitioners submitted that as there was an undivided share of the petitioners in the land in question, there was a prohibition under law against creating of fragment or transfer without the prior permission of the competent authorities. It is further submitted that some of the family members who are having partial interest in the land in question, by overwriting the rights of the petitioners and behind their back, entered into the sale transaction and sold the land in favour of the private respondent Nos.4 and 5, which was mutated in the revenue record vide Entry Nos.4293 and 4310 in the year 1977 and 1988 respectively.