MANUBHAI M PATEL Vs. CHIMANLAL LABHSHANKAR VAIDYA

JUDGEMENT

(1.) Challenge has been made by the petitioner by this special civil application to the order of the Deputy Collector, Vadodara dated 19-6-1984 and the order of the State Government dated 6-3-1986 under which the earlier order has been confirmed.

(2.) The dispute pertains to the agricultural land situated at Village-Amla, Taluka-Padra bearing survey Nos.924/1, 143 and 342. Under the impugned orders, the authorities have held that the petitioner is in unauthorised occupation of the aforesaid land and under section 9 (3) of the Bombay Prevention of Fragmentation and consolidation of Holdings Act, 1947 (hereinafter referred to as 'the Act, 1947'), he was ordered to be evicted and the possession was ordered to be delivered to the respondent No.1.

(3.) The learned counsel for the petitioner made three fold contentions challenging the legality, validity and correctness of the orders impugned in this special civil application, which are as follows: