BAKORBHAI BABABHAI PATEL Vs. REVENUE SECRETARY

JUDGEMENT

(1.) With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today itself. Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondent Nos.1 and 2.

(2.) By way of the present petition, the petitioner has prayed for quashing and setting aside the order dtd. 29/9/2015 passed by the respondent No.1 - Secretary, Revenue Department (Appeals) in Revision Application No.MMV/CON/SBR/6/2012 as well as the order dtd. 31/12/2011 passed by the Deputy Collector, Bayad in Case No.CON/9/2011. By order dtd. 31/12/2011, the Deputy Collector, Bayad under the proceedings under Sec. 9(1), (2) and (3) of the Gujarat Prevention of Fragmentation of Land and Consolidation of Holdings Act (hereinafter referred to as 'the Fragmentation Act') for breach of the provisions of the Fragmentation Act passed an order directing the petitioner to restore the original position of land bearing Survey No.1041, Block No.1090 paiki admeasuring 8719 Sq. Mts. of land situated at village Ambaliyar, Taluka Bayad, District Sabarkantha (Arvalli) for alleged sale transaction of land in question in contravention of provisions of the Fragmentation Act which was held to be invalid under Sec. 9(2). By the order dtd. 29/9/2015, the Secretary, Revenue Department (Appeals) has rejected the revision application and confirmed the order of the Deputy Collector.

(3.) The brief facts giving rise to the filing of the present petition are stated as under :-