TALSIBHAI NANJIBHAI Vs. STATE OF GUJARAT AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order passed by the Deputy Collector, on 18th Jan., 1982, which came to be confirmed in revision by the Secretary (Appeals), Revenue Department, on 11-4-1983, under the provision of Art. 227 of the Constitution of India.

(2.) The short question which has surfaced in this petition is as to whether there is violation of the provision of Sec. 7 of the Bombay Prevention of Fragmentation and Consolidations of Holdings Act, 1947, (hereinafter referred to as the Act for short) or not.

(3.) The petitioner purchased an agricultural land bearing survey No. 7 admeasuring 1 Acre-6 Gunthas situated in village Gundiyala by a registered sale deed tor an amount of Rs. 1,150.00 on 18-2-1975 from respondents Nos. 3, 4 and 5. The petitioner is also owner and occupant of the agricultural land bearing survey No. 583. Between those two fields, there is no other field but there is an intervening road to the extent of 5 to 6 (in width) for right of way. The road between two fields of the petitioner is east-west. One side of the road is blind, that means there is no thorough-f are. Thus, on one side of the road, petitioner has one field of his ownership and occupancy bearing survey No. 583 and the new field purchased by him, as aforesaid, bearing survey No. 7, is on the other side of the road.