CiteTEXT
...the ground that proceedings before the Deputy Collector under the provisions of fragmentation act is still pending. However, after said application was filed, Deputy Collector has withdrawn the notice issued under ...Collector withdrawing the notice issued under section 9 of the Fragmentation Act. Said application is still pending before the Collector and no decision is taken by him...Code for grant of N.A. permission to the petitioner was filed on the ground that proceedings initiated by the Deputy Collector under the provisions of fragmentation act is still pending. It is...
...Development Authority and, therefore, the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 has no application. The said contention was reiterated by the learned counsel for the appellant before us. The said ...the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 defines the “land” which means agricultural land and includes horticultural land, kharaur land, land with bamboo clumps, pasture land, cultivable wastelan..., (sic “land”) includes “homestead”, and, by itself, a homestead was not an agricultural land stricto sensu. In our opinion, Section 2(9) of the Act is emphatic and also couched in very wide language...
...of Section 9 of the Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947, (for short ‘the Fragmentation Act’). This issue has been elaborately considered by this Court in Valj...Section 9(2) and (3) of the Fragmentation Act is totally uncalled for.Referring to order of the Apex Court dated 14.02.2008 in Civil Appeal No. 6069 of 2001...) and (3) of the Fragmentation Act have to be...
.... Collector, Dholka, reported in 1970 (11) GLR 897, a Division Bench of this Court while dealing with Sub-section (3) of Section 9 of the Bombay Preven...) of Section 9 of the Fragmentation Act, is required to take possession of the land transferred in contravention of the of the provisions of the Fragmentation Act and hand over the same i...the sale is void under Section 9 of the Fragmentation Act, no separate declaration is required to be obtained from a Civil Court of competent jurisdiction.(ii) Once it is found that...
...section 9(2) of the Fragmentation Act at the behest of the petitioner. The petitioner thereafter filed an application under section 9(3) of the ...to the order dated 30th September, 2000 which was made under section 9 of the Act. The order dated 19-2-1996 was not specifically challenged in the prayer clause though there is a reference in prayer...limitation. The learned counsel for the petitioner then contended that there was no issue raised about want of notice under section 6(2) of the Fragmentation Act and therefore, the...
...present writ petition pertains to a dispute under the provisions of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which has been included in ...provisions of Bihar Land Tribunal Act, 2009, this matter may be referred to the Tribunal. It was submitted that the...the Bihar Land Tribunal Act, 2009. He submits that since the Tribunal is already functioning, this matter may be...
...of the first respondent/the second defendant founded on the Fragmentation Act as mentioned above and also his contention of absolute absence of a transaction partaking the real nature of sale. This is because Section ...Fragmentation Act though the expression ‘land’ has been defined thereunder. As per Section 2 (5) of the Fragmentation Act, the term ‘land’ means, ‘agricultural land whether alienated or unalienated’. In th...by necessary implication. We shall not be oblivious of the fact that the second defendant had not so far approached the competent authority under the Fragmentation Act to nullify the action undertaken under the conveyance, resorting...
...ORAL JUDGMENT(HONOURABLE MR. JUSTICE K.S JHAVERI)1. By way of this appeal, the appellant has challenged the judgment and order dated 15.11.2010 passed by the learned Single Judge of this Court in Special Civil Application No. 6505 of 1994, whereby the learned Single Judge has dismissed the petition with cost of Rs. 7,500/-.2. The facts in brief are that the appellant-Gujarat Co-operative Oil Seeds Growers Federation Ltd. had purchased agricultural lands admeasuring 3 acres and 15 gunthas of block No. 898 and 1 acre and 31 gunthas from block NO. 35 situated in the sim of village-Jaguddan by registered sale deed dated 14.03.1983 from the owners of the said lands and after obtaining permission of the collector, Mehsana. Pursuant to the sale deed, mutation entry No. 3621 was also made in the revenue record in favour of the appellant. Thereafter, the appellant constructed oil mills, solvent extraction, oil refinery and other plants on the said lands and started using the same. After nine year i.e on 07.08.1992, the Deputy Collector, Ahmedabad under the provisions of Section 9 of the Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947 (for short “the Fragmentation Act”) issued a show cause notice to the appellant and asking him to show cause why sale of land bearing Block No. 898 admeasuring 3 acre and 11 gunthas should not be declared invalid as it is...
....The Deputy Collector, Palanpur, noticing that the above transactions were in breach of Section 8 of the Fragmentation Act, issued notice dated 06.07.1993 to the petitioner-appellan...termed void under Section 9(1) of the Fragmentation Act, and inspite of that, the said void transaction is allowed to go for years together, therefore, it is difficult for the...society. Further, it was also noticed that the first sale of half land was made on 20.09.1978, thereby committing breach of Section 8 of the Fragmentation Act. The...
...provisions of the appropriate act ought to have been issued to the petitioners, as original owners, before absolving the respondent No. 5 of violation of proceedings under the Fragmentation Act.
...Court had held that where powers are exercised after an unreasonable period of time, such powers cannot be treated to have been exercised in accordance with the provisions of Section 9 of the Fragmentation Act. Mr...as, no notices were issued to the petitioners who are admittedly the original owners of the land in question. Support also was sought to be made from the provisions of Section 9 of the Fragmentation Act to...
...before it under Section 7 read with Sections 9 and 10 the Fragmentation Act, after giving due notice to all concerned. Such decision should be taken as early as possible in...provisions contained in Section 10 of the Fragmentation Act. The said order was challenged in Revision and the Additional Commissioner, Amravati Division, Amravati, after narrating the facts...rejected on 18-7-1990 on the ground that there is no provision for review in Fragmentation Act and perusal of Section 258 of Maharashtra Land Revenue Code is not called for. The...
...go to show that the suit land is not a holding allotted under this Act and, therefore, the bar under Section 31 of the Fragmentation Act cannot be attracted. Both the Courts below have pr...suit was tenable even in view of Section 31 of the Fragmentation Act. Consequently he passed a decree in favour of the plaintiffs for specific performance and ancillary..., the holding must have been allotted under the Fragmentation Act. The relevant provisions of Section 31(1) of the Fragmentation Act run as follows:—“31...
...fragment. In view of this, the learned Appellate Court noted that in view of the provisions of section 9 of the Fragmentation Act, the said sale-deed is void and, therefore, the...provisions of section 9 of Prevention of Fragmentation and Consolidation of Holding Act?9. Whether in the facts and circumstances of the present case..., section 9 of the Prevention of Fragmentation and Consolidation of Holding Act is applicable?10. Whether the lower Appellate Court was justified in holding that the sale de...
...Government Pleader Mr. Nikunj Kanara submitted that it is not in dispute that the petitioner has purchased the fragment land without taking permission as provided under section 7 of the Fragmentation Act and therefore, reve...the Fragmentation Act and the petitioner is
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rightly ordered to be evicted as per the provisions of section 9(3...Holdings Act, 1947 (For short "the Fragmentation Act") for breach provisions of the said law.
8. The Deputy Collector, passed order under Section 8 of the Fragmentation ...
...
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 492 OF 2002
Pralhad Ananda Rane, aged about 64 years, occupation - Agriculturist, r/o Ward No. 3, Nandura, Tahsil - Nandura,
District - Buldana. ... PETITIONER Versus
1. Abhimanyu Punjaji Kavhale, aged about 42 years,
occupation - Agriculturist, r/o Ward No. 3, Buldana Road, Nandura, Tahsil - Nandura, District - Buldana.
2. Vishnu s/o Punjaji Kavhale, aged about 37 years,
occupation - Agriculturist, r/o Ward No. 4, Buldana Road, Nandura, Tahsil - Nandura, District - Buldana.
3. Pralhad s/o Punjaji Kavhale, aged about 53 years,
r/o Ward No. 4, Nandura, Tahsil - Nandura,
District - Buldana.
4. The Additional Commissioner, Amravati Division Amravati.
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5. The Additional Collector, Buldana, Dist. Buldana.
6. The Sub-Divisional Officer, Malkapur, Dist. Buldana.
7. The Tahsildar, Nandura, Tahsil - Nandura,
District - Buldana. ... RESPONDENTS Shri A.V. Bhide, Advocate for the petitioner. Shri A.L. Deshpande with D.I. Jain, Advocates for responden...
...
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Patna High Court CWJC No.1129 of 1998 dt.27-06-2023 2/2
Consolidation Act, which covers under Section 9 of the Bihar La...purporting to be in exercise of power under Section 35 of Bihar Consolidation of Holdings and Fragmentation Act, 1956, ordering for making correction of entry of name of Respondent no.4 in the recent...9 of the Bihar Land Tribunal Act, 2009. This Court is of the opinion that this matter ought to be adjudicated by the Bihar Land Tribunal.
5. Since Section 15 of the Bihar Land...
...the Bihar Land Tribunal (hereinafter referred to as 'the Tribunal') for adjudication upon the orders passed by the statutory authorities under the enactment referred to in Section 9 of 'the Act' which includes the Bihar Con..., 1956 at Item No.IV. While Section 9 of 'the Act' confers power on 'the Tribunal' to entertain all cases arising under...proviso attached to Section 15 read alongside Section 9(2) of 'the Act', I deem it proper to order for transfer of the present proceeding for adjudication and disposal by
2...
...referred to as 'the Tribunal') for adjudication upon the orders passed by the statutory authorities under the enactment referred to in Section 9 of 'the Act' which includes the Bihar Consolidation of Holdings and Prevention..., 1956 at Item No.IV. While Section 9 of 'the Act' confers power on 'the Tribunal' to entertain all cases arising under the enactments listed thereunder, Sub...at the proviso to Section 15 read alongside Section 9(2) of 'the Act', I deem it proper to order for transfer of the present proceeding for adjudication and disposal by 'the Tribunal' in accordance...
...adjudication upon the orders passed by the statutory authorities under the enactment referred to in Section 9 of 'the Act' which includes the Bihar Consolidation of Holdings and Prevention of Fragmentation ..., 1956 at Item No.IV. While Section 9 of 'the Act' confers power on 'the Tribunal' to entertain all cases arising under the enactments listed thereunder, sub-section (2) thereof confers...State along with Mr. Umesh Narayan Dubey to inform that the matter arises from a proceeding under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956...
...8 and 9 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act. The object of Section 10(2) of the Bihar Consolidation of Holdings and Prevention of ...Consolidation of Holdings and Prevention of Fragmentation Act. Section 10(A) of Bihar Consolidation of Holding Act says that "no question in respect of any entry made in the map or registers prepared ...of Fragmentation Act, shall be final. 9. Learned counsel for the petitioners has relied upon Section 10(B) of the Bihar Consolidation of Holdings and...