SHIVABHAI H PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of this petition under Article 227 of the Constitution of India has approached this Court challenging the order dated 21/9/1990 passed by Respondent No.1 rejecting the revision application of the petitioner, holding that the sale of land in question made on 5/10/1983 was division of a block contrary to the provision of Prevention of Fragmentation & Consolidation of Holdings Act 1947 (herein after referred to as the 'Fragmentation Act' for the sake of brevity).

(2.) Facts in brief leading to filing this petition as could be culled out from memo of the petition deserve to be set out in order to appreciate the contentions raised on behalf of the parties.

(3.) Learned advocate appearing for the petitioner contended that initial proceedings in respect of breach of provision of Prevention of Fragmentation Act on account of petitioner's not holding contiguous land could be said to have been culminated in favour of the petitioner inasmuch as the revision authority clearly held that the finding of the Dy. Collector qua petitioner's land not being continuous was erroneous and hence the subsequent proceedings in the form of proceeding under section 31 of the Act were uncalled for, unwarranted and the authority did not have any power or jurisdiction to order the same.