ABDUL RAZZAQ YOUSUFBHAI MOTORWALA Vs. ADDITIONAL CHIEF SECRETARY APPEALS REVENUE DEPARTMENT STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions raise common questions and are heard together and being disposed of by this common Judgment. In both these petitions the petitioners have challenged the orders made by the Revisional authority on 1-12-89 partly allowing the Revision Application filed by the respondent No. 2 and setting aside the orders of the Deputy Collector which were made on 14-9-87 and declaring the entry made pursuant to that order as illegal. The Deputy Collector by his orders dated 14-9-87 had rejected the applications of the respondent No. 2 of both these petitions holding that the transactions of the lands in dispute were not hit by the provisions of Section 27(b) of the Bombay Prevention of Fragmentation and Consolidations of Holdings Act 1947

(2.) In Special Civil Application No. 5329 of 1990 the land bearing Survey No. 4 admeasuring 9 acres and 35 gunthas of village Unn was sold under the registered deed for a sum of Rs. 35 505 on 1 by the respondent No. 2 to the petitioners. The possession was handed over earlier on 19-11-74 when agreement to sell was executed. Pursuant to the sale Entry No. 873 was mutated on 6-3-76 and certified on 20th April 1976. Thereafter on 11 the respondent No. 2 vendor made an application under Section 9 of the said Act alleging that the sale transaction was violative of Section 27(b) thereof. The Deputy Collector found that the said survey number was not a fragment nor was it sub-divided. The Deputy Collector also found that there was no violation of provisions of Section 27(b) of the Act by the sale transaction and there was no provision which prevented the transfer of such land. The Deputy Collector also held that the respondent No. 2 was not entitled to get the land as claimed by him and that the decision of the Gujarat High Court reported in 25 G.L.R. 1225 was attracted in the present case.

(3.) In Special Civil Application No. 5330 of 1990 the land which was sold was of Survey No. 63 in the same village and it admeasured 2 acres 24 gunthas. The dates of agreement to sell sale deed mutation application made by the respondent No. 2 vendor and the orders made are the same in both the matters. The Deputy Collector passed similar orders as he had done in respect of Survey No. 64.