LAXMI ASSOCIATES Vs. COLLECTOR VADODARA

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Mr. Siraj Gori waives service of notice of Rule on behalf of the respondents. The petitioner seeks permission to take on record the order dated 7th March, 2006 passed by the Collector, Vadodara, during the pendency of the petition. The same is taken on the record of the case. The petitioner is challenging this order also.

(2.) This petition has been preferred mainly because of the order dated 21st November, 2005 passed by the Collector, Vadodara (Annexure "H" to the memo of the petition), whereby the application preferred by the petitioner to grant N.A. permission under Sec. 65 of the Bombay Land Revenue Code, 1879 (hereinafter referred to as "the Code, 1879) has been rejected.

(3.) Learned Advocate for the petitioner submitted that the impugned order dated 21st November, 2005 rejecting the application preferred by the petitioner under Sec. 65 of the Bombay Land Revenue Code, 1879 and subsequent orders during the course of hearing by the petition), are de hors the facts and law especially Sec. 65 of the Bombay Land Revenue Code, 1879 and read with the provision of the Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947 (hereinafter referred to as "the Act, 1947).