MAHADEVBHAI DHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these petitions have been heard together as they challenge the same order made by the revisional authority in Revision Application No. 1 of 1990 dated 24. 04. 1990 in the backdrop of following facts.

(2.) THE petitioners of Special Civil Application No. 740 of 1991 are respondent Nos. 2 and 3 in Special Civil Application No. 8846 of 1990. Hereinafter, for the sake of convenience, they shall be referred to as the original land owners. The petitioners of Special Civil Application No. 8846 of 1990 are purchasers and shall hereinafter be referred to as the purchasers. The original land owners held land bearing Old Survey Nos. 67/1, 67/2, 68 and 70/4, comprised of block No. 218. Out of that, land admeasuring 16 Acres-21 Gunthas came to be purchased vide registered sale deed on 21. 06. 1983 by the purchasers. Entry No. 3075 dated 15. 12. 1987 came to be made in this regard and the said entry came to be certified on 21. 01. 1988 by Mamlatdar, Viramgam.

(3.) COLLECTOR, Ahmedabad found that the said transaction was in violation of provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (the Act) and, therefore, initiated proceedings through the Deputy Collector. Ultimately finding that there was breach of provisions of Section 31 (1) (b) of the Act, an order came to be made under provisions of Section 9 of the Act directing that-- (i) Entry No. 3075 be cancelled as the same was void; (ii) original land holders were fined a sum of Rs. 250/-; and (iii) the possession of the land was found to be unauthorized and illegal in hands of the purchasers in terms of the provisions of Section 9 (3) of the Act.