JUDGMENT :

1. By way of this petition, the petitioner has challenged the order dated 18.1.2021 passed by the Secretary (Appeals), Revenue Department in Fragmentation Case No. CON/VDD/74/2019 and order dated 5.10.2019 passed by the Assistant Collector, Vadodara (Rural) in Fragmentation Case No.15 of 2019.

2. With the consent of learned advocates for the parties, the matter is taken up for final hearing. Hence, Rule. Learned advocate Mr. U.M.Shastri and learned AGP, Mr. Nikunj Kanara waive rule on behalf of respective respondents.

3. Brief facts of the petition are that the land bearing Survey/Block No.288/3 admeasuring 0-18-21 H-Ra-Sq.Mtrs. of Village Nandesri, Taluka & District Vadodara was originally belonged to the forefathers of respondent No.3.1 i.e. Jagdishbhai Salambhai and others, who inherited the land and who were in possession of the land from their forefathers.

3.1 In the year 2009 by way of a registered sale deed dated 17.11.2009 said Jagdishbhai Salambhai and others transferred the aforesaid land in favour of one Harendrasinh Chadrasinh Kher and Jagdishbhai Punjabhai Chauhan (respondent Nos.4 and 5). Pursuant to the aforesaid sale deed, a revenue entry No.2346 was also