LATIKABEN RAMSWARUP VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER has challenged an order dated 7. 11. 90 passed by the Deputy Collector, Viramgam as upheld by an order dated 16. 11. 92 passed by the Principal Secretary (Appeals) Revenue Department. Issue pertains to the Bombay Prevention of Fragmentation and Consolidation of the Holdings Act ('the Act' for short ).

(2.) FACTS are not in dispute. The petitioner purchased land admesuring 2 hectares 7 Are and 40 sq. meters situated in village Kunjad out of block No. 415 from one Kasiben Mangaji Thakore by registered sale deed dated 24. 12. 87. Entries in the revenue record were certified on 29th March 1988 by the Mamlatdar. However, by an order dated 31. 12. 88, Deputy Collector set aside the said entry on the ground that sale was in breach of the Act. Further revision filed by the petitioner also came to be dismissed.

(3.) A show cause notice dated 12. 7. 90, came to be issued by the petitioner why the sale should not be set aside. After hearing the petitioner, the impugned orders came to be passed. The authorities concurrently found that while effecting the sale, block No. 415 was fragmented. To this factual aspect, there is no dispute.