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LPA/59/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 59 of 2011
In
SPECIAL
CIVIL APPLICATION No. 6505 of 1994
with
C.A
No. 181 of 2011.
=========================================
GUJARAT
CO-OPERATIVE OIL SEEDSGROWERS FEDERATION LTD. - Appellant(s)
Versus
MANIBHAI
CHHAGANBHAI PATEL & 4 - Respondent(s)
=========================================
Appearance :
MR
JITENDRA M PATEL for Appellant(s) : 1,
None for Respondent(s) : 1
- 5.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 04/02/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Under
Section 7 of Prevention of Fragmentation & Consolidation of
Holdings Act, 1947, no person was entitled to transfer any fragment
in respect of which a notice has been given under sub-section (2) of
Section 6 of the said Act. Under Section 8 therein, fragmentation
has been prohibited and no land in any local area can be transferred
or partitioned so as to create a fragment.
In
the present case, while the counsel for the appellant submits that no
notice under Section 6(2) was given to bring the matter within the
purview of Section 7, further states that the land in question was
purchased in bulk and fragmentation was created. He relied on
Section 31 of the Act.
However,
from some of the records it appears that the respondents have taken
plea that it has created fragmentation and therefore, notice was
issued. To ascertain the exact position, let notice be issued on
respondents Nos. 1 to 4. Direct service permitted. Ms. Manisha
Lavkumar, learned AGP accepts notice for 5th respondent.
Counsel for the appellant will serve two copies of paper book on her
by 7.2.2011. Post the matter on 11.3.2011.
No
interim order is granted for the present. CA stands disposed of.
(S.J.
Mukhopadhaya, C.J.)
(K.M.Thaker,
J.)
*/Mohandas
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