ABDULBHAI DAOODBHAI MUMAN Vs. DY COLLECTOR

JUDGEMENT

(1.) SPECIAL Civil Application was preferred by the petitioner -appellant herein for quashing the order of the Secretary, Revenue Department dated 11.10.1994 confirming the order dated 27.08.1993 of the Deputy Collector, Palanpur, upholding that the registered sale deeds dated 20.09.1978 and 18.03.1980 in respect of land bearing Survey No. 5/2, admeasuring 2 acres 23 gunthas, situated in the sim of village Juni Sendhni, taluka Vadgam, were effected in breach of the provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (for short 'the Fragmentation Act').

(2.) THE heirs of deceased Jiva Bechar, i.e., Vala Jiva and others and the heirs of deceased Chamar Manji Bechar, i.e., Kalu Soma and others sold land of 1 acre 13 gunthas, out of 2 acres 23 gunthas, by a registered sale deed dated 20.09.1978 to Abdul Daudbhai Momin and the remaining 1 acre 13 gunthas was also purchased by the same person by another registered sale deed dated 18.03.1980, and an entry No. 163 was made to that effect in the record of rights.

(3.) THE Deputy Collector, Palanpur, noticing that the above transactions were in breach of Section 8 of the Fragmentation Act, issued notice dated 06.07.1993 to the petitioner -appellant to show cause why the above said transactions be not declared as invalid and consequently impose a fine. Later, an order to that effect was passed by the Deputy Collector on 27.08.1993 holding that the transaction under Section 9(1) of the Fragmentation Act was invalid and imposed a fine of Rs. 250/ -. It was also ordered to restore the lands to the original occupier and to enter the name of the original occupier in the record of rights.