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2013 Supreme(Bom) 1940

A.B.CHAUDHARI
Tulsabai Deokaran Agrawal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
For petitioner: Sukhada Tatwawadi
For respondent Nos. 1 to 3: Ms. S.S. Jachak, A.G.P.

JUDGMENT

1. Heard.

2. 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.

3. 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 Septe





















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