MANUBHAI AMBALAL PATEL Vs. CHANCHALBEN JETHABHAI PATEL

JUDGEMENT

(1.) . In this petition under Article 227 of the Constitution of India the petitioner has questioned the order passed by Deputy Collector on 17 and confirmed by Joint Secretary Revenue Department Ahmedabad on 27-11-1978.

(2.) . For examining merits of this petition the relevant factual fact may be noted. The petitioner purchased agricultural lands from respondent No. 1 and one Shashikant Jethalal in respect of revenue Survey No. 625/4 admeasuring 24 Gunthas on 7th April 1977 situated in village Thamna in Umreth Taluka of Kaira District. The petitioner is in possession of the disputed lands since the date of purchase.

(3.) . Later on the proceedings were initiated against the petitioner by the Deputy Collector under the provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act 1947 (hereinafter referred to as the Act) contending that there was breach of the provisions of Section 9(2) of the Act. The case was registered and inquiry was held by the Deputy Collector. After hearing parties Deputy Collector at Anand held that there was breach of provisions of Section 9(2) of the Act and the land sold to the petitioner was a fragmentation and therefore the sale transaction was void. The petitioner was found in an unauthorised occupation and therefore he was ordered to be removed from the fragmented land under the provisions of sub-Section (3) of Section 9 of the Act. The fine was also imposed. In short the Deputy Collector at Anand resorted to provision of Section 9 of the Act empowering the revenue authority to levy penalty for transferring or partition contrary to the provision of the Act. The order passed by the Deputy Collector came to be confirmed in a revision before the Government. Hence this petition under Article 227 of the Constitution of India.