JUDGMENT :

1. By way of this petition, the petitioner has challenged the order dated 6.9.2018 passed by the Additional Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No.MVV/CON/GDHN/4/2018 and order dated 17.5.2012 passed by the Prant Officer, Gandhinagar in Case No.PO/Fragmentation Act/SR/2/2010.

2. Heard learned advocate Mr. Vikarm Thakor for the petitioner, learned Senior Advocate Mr. Percy Kavina with Mr. Harivadan Mishra, learned advocate for respondent Nos.6, 7 & 9 and Mr. Bharat Vyas, learned Assistant Government Pleader for respondent Nos.1 to 5.

3. As learned advocates for the parties have arrived at an agreement that the matter be heard finally, the matter was taken up for final hearing.

4. Rule. Mr. Bharat Vyas, learned Assistant Government Pleader waives service of rule for respondent Nos.1 to 5 and learned advocate Mr. Harivadan Mishra waives service of rule for respondent Nos.6, 7 & 9. Though served, no one appeared for respondent Nos.8, 10 to 19.

5. The brief facts giving rise to the petition are stated as under.

5.1 It is the case of the petitioner that one Durgadas Patel was having two sons viz. Shankarbhai and Ranchhodbhai. Out of those two sons, Ranchhodbhai died unmarried, whereas Shankarbhai has three sons; (1) Becharbhai, (2) Prabhudasbhai and (3) Lalbhai. Prabhudasbhai had two sons and two daughters; (1) Jayantibhai, (2) Keshavlal, (3) Dahiben, and (4) Belaben (respondent Nos.6 to 9). Becharbhai had four daughters and one son; (1) Shardaben, (2) Mafatbhai, (3) Kokilaben, (4) Manjulaben, and (5) Surajben (respondent Nos.10 to 13 & 15). Respondent No.14 Surajben is wife of Becharbhai. Lalbhai had two sons and two daughters; (1) Ghanshyambhai, (2) Rajubhai, (3) Vinaben and (4) Gangaben, who are joined as respondent Nos. 16 to 19. All the three sons of deceased Shankarbhai also died before 21.1.2007 and hence their legal heirs are joined as party respondents.

5.2 The land bearing Block No.521 (New Block / Survey Nos.805) admeasuring 4755 square meters of land situated in the sim of village Ambapur, Taluka and District Gandhinagar was originally belonging to Shankarbhai Durgadas, who died leaving behind him three sons viz. Becharbhai, Prabhudasbhai and Lalbhai.

5.3 It is the case of the petitioner that the respondent Nos.10 to 19 executed an agreement to sale in respect of 2377.5 square meters of land, out of total undivided land admeasuring 4755 square meters in favour of the petitioner after receiving full consideration. The aforesaid agreement to sale was also signed by Prabhudasbhai Shankarbhai, who happens to be father of respondent Nos.6 to 9. Thereafter, the power of attorney holder of respondent Nos.10 to 19 executed a registered sale deed dated 21.7.2007 in respect of the above mentioned 2377.5 square meters of land in favour of the petitioner.

5.4 Pursuant to the aforesaid sale, a mutation entry No.6129 dated 25.7.2007 was also posted in the revenue record.

5.5 No civil dispute was raised in respect of the aforesaid sale deed by respondent Nos.10 to 19. However, the legal heirs of Prabhudas Shankarbhai i.e. respondent Nos.6 to 9, who are the co-owners of the land in question, preferred revision application before the Prant Officer, Gandhinagar on or around 26.3.2010 and challenged the mutation entry No.6129 dated 25.7.2007 and also prayed for cancellation of sale deed executed in favour of the petitioner. The aforesaid proceedings were initiated by respondent Nos.6 to 9 on the ground that by purchasing the aforesaid land, the petitioners have fragmented a portion from the land jointly held by three sons of deceased Shankarbhai i.e. Becharbhai, Prabhudasbhai and Lalbhai and their heirs and before selling the land to the petitioners, consent of respondent Nos.6 to 9 was not obtained. Notice under Section 135(D) of the Bombay Land Revenue Code was not served upon the respondent Nos.6 to 9, and even without there being any division of land, which was jointly held by legal heirs of Bech