CHIMANLAL PARSHOTTAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER has challenged the order dated 11. 1. 89 passed by the Additional Chief Secretary (Appeals), Revenue Department, Government of Gujarat by which the said authority was pleased to confirm the order dated 9. 9. 81 passed by the Deputy Collector, Land Reforms, Ahmedabad.

(2.) THE petitioner and other family members, namely, respondent Nos. 2 to 4 are common predecessors in title of one Parshottamdas Vanmalidas Patel. During his life time on 2. 7. 74, he divided his land between the petitioner and private respondents. This division was recorded in the revenue records. A detailed statement of the land holders was also recorded by the Talati which clearly revealed that different parcels of land were divided between four brothers i. e. sons of Parshottamdas.

(3.) THE Deputy Collector, issued notices under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act to all brothers and eventually, passed order dated 9. 9. 81 holding that the parties had breached the provisions of the said Act while dividing the lands by way of family partition. The petitioner complaining of no hearing by the Deputy Collector filed Revision Application before the Secretary which came to be dismissed by the impugned order dated 11. 1. 89. Hence this petition.