( 1 ) MAJMUDAR J. In this petition under Article 227 of the Constitution of India the petitioner has challenged an order passed by the Deputy Collector Navsari directing summary eviction of the petitioner from the land in question under sec. 9 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act 1947 hereinafter referred to as the said Act and as confirmed by the Deputy Secretary Revenue (Appeals) in revision under sec. 35 of the said Act.

( 2 ) IN order to appreciate the grievance of the petitioner a few relevant facts may be noticed at the outset. The petitioner is the owner of the land and super-structure situated on block No. 7 in village Samroli of Chikhli taluka of Valsad district. The petitioner had purchased by a registered sale deed land admeasuring 0 acre-3 gunthas and 36 sq. ft. for Rs. 1 851 on 2-1-1967 from respondent No. 3 who was the owner of the said land. The purchased land formed part of block No. 7 which totally admeasured 0 acre-9 gunthas. It appears that the said block was subjected to the provisions of the consolidation scheme made applicable to the village in question. As the petitioner purchased part of this land from