GOVINDJI CHHABAJI Vs. PRANT OFFICER

JUDGEMENT

(1.) The petitioners, who are owners of block No. 431 situated at Village Kujad, Taluka Dascroi, have preferred the present Special Civil Application under Article 226 of the Constitution of India challenging the judgment and order dated 22.9.1993 passed by the learned Special Secretary (Appeals), Revenue Department, State of Gujarat, dismissing Revision Application and confirming the judgment and order passed by the Collector, Ahmedabad, dated 30th December 1988 by which the Collector, Ahmedabad, has confirmed the judgment and order passed by the Deputy Collector, Viramgam dated 20th August 1988 in cancelling the Entry No. 1729.

(2.) The petitioners had purchased the land bearing block No. 431 situated in Village Kujad, Taluka-Dascroi by registered Sale Deed from the respondent No.4 herein and names of the petitioners were entered into the Record of Rights vide Entry No. 1729 dated 13th March 1987 which was certified on 2.5.1987. That the said Entry No. 1729 dated 13th March 1987 which was certified on 2.5.1987 came to be reviewed by the Deputy Collector, Viramgam Prant exercising suo motu powers on the ground that there is breach of provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act ("the Act" for short). That the Deputy Collector, Viramgam Prant by his judgment and order dated 20th August 1988 not only quashed and set aside the entry No. 1729 but also passed an order of imposing the penalty under Section 9 of the Act and further directed to return possession of the land in question.

(3.) That being aggrieved and disssatisfied with the judgment and order passed by the Deputy Collector, Viramgam Prant dated 20th August 1988 passed in Review Case No. 207 of 1988 the petitioners preferred an appeal before the Collector, Ahmedabad which was numbered as Appeal No. 68 of 1989 and the District Collector, Ahmedabad, by his judgment and order dated 30th December 1991 dismissed the said review application confirming the judgment and order passed by the Deputy Collector, Viramgam Prant dated 20th August 1988.