KHACHAR BHLKHUBHAI UNADBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated June 30, 1995 passed by a learned single Judge of the High Court of Gujarat at Ahmedabad, in a Special Civil Application No. 4891 of 1995, filed by the appellants against the judgment dated March 31, 1995 passed by Gujarat Revenue Tribunal in Revision Application No. TEN B.A. 184 of 1994, in a case arisen out of Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as the 'Act').

(2.) Unadbhai Apabhai Khachar was recorded holder of land measuring 72 acres 4 gunthas situated in village Ratanpar and Motachhega in Bocad Taluka. On coming into force w.e.f. 1-4-1976, of the amendment Ceiling Act II of 1974, the Mamlatdar gave a notice to land holder Unadbhai Apabhai for taking action for failure to submit information in respect of his holdings in prescribed form. Since Unadbhai had already died on April 27, 1970, his heirs - two sons and a daughter - the present appellants - submitted information in the prescribed form. The Mamlatdar made an inquiry under the provisions of the Act and vide order dated January 5, 1982 declared an area of 26 acres 16 gunthas as surplus land as the appellants were jointly found entitled to retain only one unit of 45 acres of land out of the holdings comprising of an area of 72 acres 4 gunthas.

(3.) The appellants challenged the said order of Mamlatdar in appeal before the Deputy Collector which was dismissed. But the Revenue Tribunal by its order dated November 5, 1988 passed in the Revision preferred by the appellants remanded the case back to the Deputy Collector. The Deputy Collector by his fresh order set aside the order of Mamlatdar dated January 5, 1982 and allowed the appeal party and remanded the case back to Mamlatdar to decide afresh after hearing the parties. The Mamlatdar made an inquiry as directed in the Remand order and by his fresh order dated March 31, 1989 declared an area of 26 acres 16 gunthas as surplus land. The Mamlatdar took the view that since on 1-4-76 the date on which the amended Act came into force, all the three appellants being the heirs of the deceased Unadbhai were minors and, therefore, they were entitled to the benefit of sub-sections (3B) or (3C) of Section 6 of the Act as introduced by amending Act of 1974 along with some other relevant provisions by Amending Act No.II of 1974. The main Act of 1961 was brought into force with effect from 15th June, 1961. The appellants again preferred an appeal against the said order before the Deputy Collector which was dismissed by an order dated March 26,1990. The appellants went up in revision before the Revenue Tribunal. The Revenue Tribunal set aside the orders passed by the Mamlatdar as well as the Deputy Collector in appeal and remanded the case back to Mamlatdar for deciding the case afresh according to law, as per observations made therein.