( 1 ) THE petitioner seeks to challenge the order dated 21-7-1979 passed by the Government under Sec. 35 of the Prevention of Fragmentation and Consolidation of the Holdings Act, 1947 (hereinafter referred to as the said Act) confirming the order of the Deputy Collector, radhanpur passed on 8/01/1979 in Consolidation Case No. 12 of 1978 by which he imposed a fine of Rs. 50 on the owners of the land for having effected a void transfer holding that the transfer was in violation of Sec. 31 (b) of the said Act.

( 2 ) ACCORDING to the petitioner a portion of Survey No. 46 of village mitha was sold to the petitioner by deceased Julkhan orally in 1958-59 and by a simple writing in 1964. The Deputy Collector, Radhanpur initiated inquiry under Sec. 9 of the said Act and held that the transfer was invalid. An appeal was filed being Appeal No. 180 of 1977 against that order before the Government and the Special Secretary by his order dated 18/04/1978 allowed the appeal and remanded the matter for inquiry in light of observations made by him in the judgment for deciding the matter under the provisions of Sec. 9 of the said Act. The Deputy Collector, radhanpur issued fresh notice