( 1 ) RULE in Special Civil Application No. 1717 of 2004. Mr. Kamal Trivedi, Ld. Addl. Advocate General and Mr. K V Shelat, Ld. Advocate for respondents waive service of rule. These two petitions have been placed before us in view of the order passed by the learned Single Judge [coram : M R Shah, J. ] dated 11th August, 2004. By said order the learned Judge has directed that these petitions be placed before the Division Bench since the controversy involved in these petitions is identical to the controversy that forms subject matter of Special Civil Application No. 5742 of 1984, which is already referred to the Division Bench by the learned Single Judge [ Coram : A N Divecha, J. as he then was] by order dated 4th April, 1996. The reference has been made by the learned Single Judge by framing the question to be decided as under :-"can inordinate delay come in the way of authority acting under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 in declaring some sale transaction to be invalid on the ground of contravention of the relevant provisions contained therein? The reference has been made in view of two conflicting decisions of thi