MOHANLAL DHARAMSINHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have preferred this petition under Article 226 of the Constitution of India seeking to quash and set aside order dated 30. 3. 2000 made by Deputy Secretary (Appeals), Revenue Department, Government of Gujarat, in revision filed by respondent Nos. 4 and 5 herein under Section 35 of the Prevention of Fragmentation and Consolidation of Holdings Act, 1947 ( the Act ).

(2.) THE dispute relates to land admeasuring 0. 35 Gunthas of Survey No. 84/1 and 0. 29 Gunthas of Survey No. 85/5 situated at Keshod. The case of the petitioners is that by virtue of a registered Sale Deed dated 10. 9. 1990, the said parcels of land were purchased by the petitioners from original land holder, Shri Khimjibhai Ramjibhai Vanpariya, respondent No. 6 herein. While according to respondent Nos. 4 and 5, an agreement to sell was executed by respondent No. 6 with respondent Nos. 4 and 5 and hence, the land could not have been sold to the petitioners by respondent No. 6. In relation to the said dispute, respondent Nos. 4 and 5 have preferred Special Civil Suit No. 175 of 1990 before the Court of Civil Judge, Senior Division, Junagadh. To complete the narration of facts it may be noted that the said Suit having been dismissed by the Trial Court an appeal has been filed before the High Court, and the same is pending,as stated by the learned advocate,shri Kanabar.

(3.) IT appears that respondent No. 6 applied for consolidation of holdings under the provisions of the Act vide application made on 10. 8. 1990. The said application came to be rejected by Mamlatdar, Keshod, vide order dated 26. 11. 1990. Respondent No. 6 therefore applied afresh for an order of consolidation which came to be granted by the Mamlatdar vide order dated 16. 4. 1998. Respondent Nos. 4 and 5 carried the matter in appeal before Deputy Collector, Junagadh, challenging the order dated 16. 4. 1998 and succeeded as per order made on 7. 9. 1998 by Deputy Collector, Veraval.