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2010 Supreme(Guj) 380

SUDHANSU JYOTI MUKHOPADHAYA, K.M.THAKER
LABHUBHAI VALJIBHAI GAJERA – Appellant
Versus
SECRETARY (APPEALS), REVENUE DEPT. , GUJARAT STATE – Respondent


Advocates Appeared:
MR BC DAVE for Appellant(s) : 1,MRPPKASVALA for Appellant(s) : 1,
MS KRINA CALLA AGP for Respondent(s): 1 - 2.
MR VK JOSHI for Respondent(s): 3,

JUDGMENT

1. Present appeal under Clause 15 of the Letters Patent is directed against the judgment and order dated 01.09.2010 passed by the learned Single Judge. The learned Single Judge has, by the said judgment and order, rejected the petition preferred by present appellant.

1.1 The appellant is the original petitioner. Before the learned Single Judge, the appellant challenged the order dated 21.02.2009 passed by the respondent No.1, whereby the said authority confirmed the order dated 20.03.2006 passed by present respondent No.2 in Fragmentation Case No.72/2005. The said proceedings of Fragmentation Case No.72/2005 were initiated by the Competent Authority under the provision of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as the Act ). In the aforesaid two concurrent orders, the authorities passed order against present appellant and declared the transaction entered into by the appellant as illegal being in violation of the provision under the Act. Aggrieved by the said two concurrent orders, the appellant filed the writ petition which came to be rejected by the impugned order.

2. The factual backdrop of present appeal ca









































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