DAHYABEN NARBHERAM Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is filed by the legal heirs and representatives of the deceased Narbheram Vitthaldas, who purchased the land admeasuring 17 gunthas from deceased Shamji Lakha, who had applied for converting the land into non-agricultural for land admeasuring 3 acres and 9 gunthas and permission of conversion of non-agricultural was granted only for 2 acres and 29 gunthas. The remaining land was sold by the deceased Shamji Lakha vide registered sale deed No. 1290 dated 10th May, 1978 to deceased Narbheram Vitthaldas whom the petitioners represent in this petition being legal heirs.

(2.) IT is to be noted that at the stage of admission following order was passed (Coram: Hon'ble Mr. Justice M. S. Shah)

(3.) THAT, first time show cause notice dated 30. 1. 1996 was issued under the provisions of Bombay Prevention of Fragmentation and Consultation and Holding Act, 1947 (in short "the Fragmentation Act" ). Thus revisional jurisdiction was exercised after a period of 18 years. The Dy. Collector, Gondal (the competent authority) after hearing the concerned parties passed an order on 29. 11. 1996 and quashed and set aside the above sale transaction being violative of provisions of Sections 7 and 8 of Fragmentation Act in exercise of powers under Section 9 (1) of the Fragmentation Act. In challenge before the Sate Government, the Secretary, Revenue Department (Appeals) Govt. of Gujarat confirmed the order dated 29. 11. 1996 passed by the Dy. Collector, Gondal while exercising revisional powers under Section 35 of the Fragmentation Act on 25. 5. 2001.