( 1 ) IN the present Letters Patent appeal the main question arises for the consideration of this court that whether this court should exercise the powers under Article 226 of the Constitution of india at the instance of the transferor of a voluntary sale for examining as to whether the said sale was in breach of provisions of the Bombay (Prevention of fragmentation and Consolidation) Act, 1946 (hereinafter referred to as "the Act"), more particularly, when the said transferor himself is a party to the said voluntary sale and when he has not resorted to any procedure for getting the declaration that the said sale is void 01 therwise.

( 2 ) THE short facts of the present appeal are that the appellants who are the original petitioners are the legal heirs of maganlal Joitaram Patel. The said deceased Maganlal Joitaram Patel had sold the land measuring 1 hectare 80 RA 09 Gunthas bearing Block No. 335 situated at village Shela, taluka Sanand. of ahmedabad District. As per the said sale deed, the deceased Maganlal Joitaram patel was paid the full consideration and in exchange thereto the possession of the said agricutlural land was handed over by the deceased Maganlal Joi