HARENDRAKUMAR NATWARSINHJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel on both sides.

(3.) Apart from the constitutional validity, which challenge is given up by the appellant herein, the only question which requires to be decided on merits is, whether Premkunvarba and Harendrakumar are entitled to the shares claimed by them in the proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960, [for short, 'the Act'] Almost 16 to 17 years have gone in this litigation primarily based on points relating to the constitutionality and the scope of certain provisions of the Act. That challenge no more survives. However, as stated above, on the question of entitlement of the above two persons, the High Court has not gone into the claims made by Premkunvarba and Harendrakumar under the Act. On this limited ground, we remit the case to the High Court for de novo consideration in Special Civil Application No. 4351 of 1990.