CHHAGANBHAI ZINABHAI PATEL Vs. VALLABHBHAI VIRAMBHAI

JUDGEMENT

(1.) Respondent No. 2 was the owner of agricultural block No. 15 admeasuring 5 Acres-3 Gunthas of village Kasad in Olpad Taluka of Surat District. He agreed to sell it to the petitioners and executed an agreement of sale on 6th June 1968. Respondent No. 2 thereafter made an application under sec. 31 of the Bombay Prevention of Fragmentation and Consolidation of Holding Act 1947 to the Prant Officer Olpad for granting him permission to sell the land in question to the petitioners. On 15 July 1968 respondent No. 1 made an application to the Prant Officer Olpad in which he stated that since he has been the owner of contiguous land-block No. 16 the land in question should be sold to him. The Prant Officer by his order dated 1st March 1969 granted permission to respondent No. 2 to sell the land in question to the petitioners. On 14th March 1969 respondent No. 2 executed the sale deed in favour of the petitioners. The petitioners paid to respondent No. 2 the consideration of Rs. 9000/and respondent No. 2 in turn delivered to the petitioners possession of the land in question.

(2.) On 11th April 1969 respondent No. 1 applied under sec. 35 of the said Act to the State Government to revise the order of the Prant Officer. The Special Secretary to the State Government by his order dated 17th March 1970 allowed that revision application and held that respondent No. 1 had greater eligibility to purchase the land from respondent No. 2. He therefore cancelled the permission granted by the Prant Officer and directed the Prant Officer to take steps to summarily evict the petitioners from the land in question.

(3.) It is that order which is challenged by the petitioners in this petition.