STATE OF GUJARAT Vs. MANOHARSINHJI PRADYUMANSINHJI JADEJA

JUDGEMENT

(1.) The State of Gujarat and the Mamlatdar & Agriculture are the appellants. The appellants are aggrieved by the judgment of the Single Judge of the High Court of Gujarat at Ahmedabad dated 11.10.2000 and the final order of the Division Bench dated 20.10.2000 passed in Letters Patent Appeal No.597/2000 in Special Civil Application No.4015 of 1990. By the said impugned judgment and the final order, the Letters Patent Appeal preferred by the appellants came to be dismissed confirming the judgment of the learned Single Judge passed in Special Civil Application No.4015 of 1990 dated 06.05.1999.

(2.) The second appellant herein initiated proceedings under the provisions of The Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter called as 'the Act of 1960') and after hearing the interested party, passed an order dated 24.08.1982 in Ceiling Case No.2 of 1976 holding that the land to an extent of 587 acres 35 Gunthas was in excess of ceiling limit and the respondent was entitled to retain only balance land i.e. 51 acres.

(3.) The respondent preferred an appeal under Section 35 of the 1960 Act to the Deputy Collector, Rajkot. The Deputy Collector dismissed the appeal by an order dated 10.11.1983. The respondent preferred a revision under Section 38 of the Act of 1960 which was registered as TEN.B.R.4/84 before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal by its judgment dated 08.09.1989 partly allowed the revision and directed that Randarda lands admeasuring 40 acres to be included in the total holding, that Bhomeshwar Temple admeasuring 12 acres 34 Gunthas to be excluded from the holding of the respondent and remanded the matter back to the second appellant for taking evidence regarding the age of the members of the family.