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1996 Supreme(Guj) 402

A.N.DIVECHA
BECHAR ARJAN AND COMPANY – Appellant
Versus
ASSISTANT COLLECTOR – Respondent


Advocates Appeared: A.G.URAIZI, HARIN P.RAVAL

A. N. DIVECHA, J.

( 1 ) CAN a prohibition of sale of agricultural land in favour of a non-agriculturist apply to a partnership firm consisting of all agriculturists as partners? Will a sale transaction in favour of a partnership firm consisting of such agriculturists as partners be hit by such prohibition against transfer of agricultural lands in favour of non-agriculturists? These questions arise in this petition under Article 227 of the Constitution of India in the context of the challenge to the order passed by the Assistant Collector at Dhrangadhra (respondent No. 1 herein) on 3rd September 1983 in Gharkhed Ordinance Case No. 61 of 1981-82 as affirmed in appeal by the order passed by the Collector of Surendranagar (respondent No. 2 herein) on 24th April 1984 in Gharkhed Ordinance Appeal No. 83 of 1984 as further affirmed in revision by and on behalf of the State Government by the order passed on 31st December 1984.

( 2 ) THE facts giving rise to this petition move in a narrow compass. Petitioner No. 1 is a firm (the firm for convenience) and petitioner No. 2 is a partner therein. The firm is duly registered under the Indian Partnership Act, 1932. Its members are admittedly all a
















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