MULUBHA BACHUBHA RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 11/01/1988 passed by the Deputy Secretary Revenue Department 4(Appeal) Gujarat State in revision under Sec. 35 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act 1947 hereinafter referred to as the Fragmentation Act the petitioner. Purchaser of the land has filed this Special Civil Application under Art. 226 of the Constitution of India.

(2.) The short question which is required to be considered in this petition is whether the transfer of land admeasuring 1 acre 25 gunthas out of Block No. 189 of village Kudasan Taluka/District Gandhinagar is illegal and void under the provisions of the Fragmentation Act.

(3.) Respondent No. 3 - Natverbhai Atmaram was the owner of Block No. 189 admeasuring Hectare 1 Are 31 Sq. Mt. 99 of land of village Kudasan Taluka/District Gandhinagar. By a registered saledeed dated 9/06/1981 half of the land was transferred to the petitioner-Mulubha B. Rathod for a consideration of Rs. 48 0 As the transfer was against the provisions of the Fragmentation Act notice under Sec. 9 of the Act was issued by the Deputy Collector Gandhinagar on 5-6-1984.