( 1 ) : the present petition is filed challenging the judgement and order dated 15. 2. 1990 passed by the Deputy Secretary (Appeals), Revenue Department, Govt. of Gujarat in SRD/ Con/ Sabar/ 12/89. By the said judgement and order, the Deputy Secretary (Appeals) dismissed the Revision Application filed by respondents nos. 1 to 6, but while doing so the Deputy Secretary has also quashed the order passed by the Deputy Collector, Modasa under sec. 9 (3) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

( 2 ) SHORT facts giving rise to the present petition are that the petitioners are the owners of the land bearing Block No. 125 in the sim of village Rahiyol, Taluka Modasa, District Sabarkantha. It is the case of the petitioners that they are the owners of one half of the land of the said block, which was cultivated by different owners. It is alleged against the petitioners that the petitioners sold their share to respondent no. 1 and one Ravabhai Hirabhai, whose heirs are respondents nos. 2 to 5 in this petition. According to the Mamlatdar, because of the sale the provisions of sec. 31 of the Act were violated and therefore, the procee