TULSABAI DEOKARAN AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. By the present petition the petitioner has put to challenge a common revisional order dated 13th May, 2003 passed by Additional Commissioner, Amravati Division, Amravati in Revision Petition Nos. 31/PFG/2000-2001 and 32/PFG/2000-2001 of Sonari, Tq. Murtizapur, Distt. Akola by which the revisional authority set aside orders dated 19-2-1996 and 30-9-2000 in the matter of declaration of fragment and subsequent permission under section 9 for purchase of the fragment.

(2.) In support of the writ petition Ms. Sukhada Tatwawadi, the learned counsel for the petitioner contended that the first order was passed on 19-2-1996 by the Sub Divisional Officer holding that the respondent trust purchased a fragment without permission and in violation of the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as the 'Fragmentation Act' for brevity) and the said order was not put to challenge in the revision. She further argued that the revision was filed in the year 2000 and still there was no prayer to quash the said order dated 19-2-1996 in the revision but prayer clause (b) related only to the order dated 30th September, 2000 which was made under section 9 of the Act. The order dated 19-2-1996 was not specifically challenged in the prayer clause though there is a reference in prayer clause (a) to call for the record in respect of the said order also. She, however, submitted that the order made in the year 1996 could not be put to challenge in the year 2000 and was beyond limitation. The learned counsel for the petitioner then contended that there was no issue raised about want of notice under section 6(2) of the Fragmentation Act and therefore, the revisional authority could not have interfered with the orders which have been set aside.

(3.) Per contra, the learned counsel for the respondent opposed the writ petition and supported the impugned order passed by the revisional authority as legal, correct and proper.