B.J.SHETHNA, RAVI R.TRIPATHI
BABUBHAI BHAGWANJI MEHTA – Appellant
Versus
STATE OF GUJARAT SPECIAL SECRETARY – Respondent
( 1 ) ). The appellants-original petitioners are husband and sons of late Smt. Shantaben Babulal Mehta. She purchased land bearing survey no. 18 of village-Umargam, Dist. Valsad from one Vithal Kambali on 23rd February, 1956. Mutation Entry No. 1411 was effected on 28th April, 1956. However, concerned authority made an endorsement that the said land was fragment and the sale having made in contravention of the provisions of Bombay Prevention of Fragmentation and Consolidation Act, 1948 (for short "the Act"), therefore, the said mutation entry was required to be cancelled and accordingly it was cancelled on 7th August, 1957. This was done behind the back of Shantaben without giving any opportunity of hearing to her. Shantaben died in 1976 without the knowledge that mutation entry regarding the land in question purchased by her was cancelled by the authority on 7th August, 1957. Because of this her legal heirs and representatives i. e. her husband and her sons were also in know of the fact that the mutation entry was cancelled by the authority in 1957, till 1991.
( 2 ) IT is the case of the appellants-petitioners that as soon as they came to know about the cancellati
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