BRAHMBHATT AMBALAL ASHABHAI Vs. SPECIAL SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) This petition is filed by the persons who are co-owners of agricultural land survey No. 54/3 admeasuring O acre and 34-gunthas arid survey No. 54/4 admeasuring O acre and 31 gunthas situated in village Simarda in Petlad Taluka of Kaira District. The father of the petitioners sold the land on 10-12-1962 to opponents Nos. 2 and 3. As the transaction was hit by the Bombay Prevention of Fragmentation and Consolidation of Holdings Act 1947 the proceedings were stated. Ultimately transaction was held to be void and a fine of Rs. 100.00 was inflicted on the transferer. However the Prant Officer Petlad by his order dated 17-1-77 and produced at annexure B allowed the land to continue with the purchasers who are opponents Nos. 2 and 3. The said order of the Prant Officer was confirmed by the Deputy Secretary Revenue Department Gujarat State on 9-6-1977. That order is produced at annexure C. This petition is filed to get these two orders produced at annexures B and C quashed.

(2.) . It clearly appears that the two authorities thought that there was a discretion conferred upon them by sec. 9(3) of the Act as there was evidence that opponents Nos. 2 and 3 had spent large amounts for irrigating the lands they may be continued in possession sec. 9 of the Act reads as under:

(3.) . I may first refer to a case of GOVINDSINGH RAMSINGHBHAI VAGHELA V. G. SUBBARAO ASSTT. COLLECTOR. DHOLKA AND OTHERS REPORTED IN 11 G.L.R. AT PAGE 897. The Division Bench of this Court in paragraph 17 observed as under: