ORAL JUDGMENT

1. By way of this petition, the petitioners have prayed for quashing and setting aside the impugned orders passed by the Deputy Collector, Botad dated 16.09.2019 in proceedings no. ADM/RTS/Fragmentation/Case No.17/2018 whereby fine of Rs.17,685/- was imposed upon the petitioners and it was held that transfer of land purchased by the petitioners to be ineffective and directed vesting of land into government. The aforesaid order dated 16.09.2019 was confirmed by the Secretary (Appeals) Revenue Department, Ahmedabad vide order dated 30.12.2020 passed in Revision Application No.

MVV/HKP/BTD/33/2019.

2. Heard learned advocate Mr. N. V. Gandhi for the petitioners and learned AGP Mr. Nikunj Kanara for the respondent –

State.

3. Though notice served to the respondent no. 4, the said respondent no. 4 has not appeared before this Court. According to learned advocate Mr. Gandhi, the respondent no. 4 is the seller of the land and therefore, his presence is not required in the present petition. Hence, he seeks permission to delete the respondent no. 4. Permission as prayed for is granted. Respondent no. 4 is deleted as party respondent from the petition.

4. Considering the fact that issue involved is very short and therefore, with consent of both the parties, the matter is taken up for final hearing.

5. Hence, Rule. Learned AGP Mr. Nikunj Kanara waives service of notice of rule for and on behalf of the respondent – State.

6. Brief facts giving rise to the present petition are as under:-

The agricultural land bearing Survey No.42, paiki 5, total admeasuting 0-76-89 H.Are.Sq, mts. situated at sim of village:

Bodi, Taluka: Botad, District: Botad was in the name of one Parsottambhai Panchabhai Jamod. Out of the said land, the petitioners purchased the part of the land being Survey No. 42 paiki 5/1 admeasuing 0-36-42 H-Are-Sq.mts. vide registered sale deed dated 28.12.1998. Pursuant to the aforesaid sale deed mutation entry no.1816 was mutated in the revenue record on 21.04.2014. It is the case of the petitioners that after the land was purchased by the petitioners, the petitioners constructed their residential houses on the land in question. For the sale of the land in question, sale deed was executed in the year 1998 and mutation entry was affected on 21.04.2014 after about 20 years from the date of registered sale deed. After 4 years from the date on after the mutation entry was certified in the name of the petitioners, the respondent no. 3 initiated the proceedings for breach of provisions of Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short “the Fragmentation Act”), the proceeding no.

ADM/RTS/Fragmentation/Case No.17/2018.

After hearing the petitioners, ultimately, the Deputy Collector, Botad passed an order holding that transaction in respect of the land in question is in breach of the provisions of Fragmentation Act and directed the land in question to be vested in the Government. He also imposed fine of Rs.17,685/-

upon the petitioners.

7. The petitioners have challenged the aforesaid order dated

16.09.2019 passed by the Deputy Collector, Botad in Fragmentation Case No. 17 of 2018 by preferring the revision application under section 35 of the Act which was numbered as MVV/HKP/BTD/33/2019. After hearing the petitioners, even the Secretary, Appeals Revenue Department also rejected the revision application preferred by the petitioners and confirmed the order dated 16.09.2019 passed by the Deputy Collector, Botad in Fragmentation Case No.17 of 2018 vide order dated of Secretary Appeals dated 30.12.2020.

8. Being aggrieved and dissatisfied with both the orders, the present petitioners are preferred this petition.

9. Learned advocate Mr. N. V. Gandhi for the petitioners submitted that the land in question is used for residential purpose by the petitioners. However, learned advocate Mr. Gandhi submitted that the proceedings under the Fragmentation Act were initiated by the authority after a period of more t