NARENDRABHAI GOMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :- "[A] To call for the records and proceedings of Ceiling Case No. 35/79 from the Mamlatdar & ALT Ceiling, Bharuch of Ceiling Appeal No. 16/85 from Deputy Collector, Bharuch, in Revision Application No. TEN.B.A667/86 from the Gujarat Revenue Tribunal; [B] To quash and set aside the impugned judgment and order Annexure-C dated 28.12.1990 passed by the Gujarat Revenue Tribunal, in Revision Application No. TEN.B.A. 667/86 as confirming the orders at Annexure-A & B passed by the Mamlatdar & ALT Bharuch, in Ceiling Case No. 35/97, and Deputy Collector, Bharuch in Ceiling Appeal No. 16/85; [C] Pending admission and final disposal of this Special Civil Application, execution, operation and implementation of the order Annexure-C passed by the Gujarat Revenue Tribunal may kindly be stayed; [D] & [E] ......"

(2.) The short facts of the case are that the petitioner is a resident of Village Godadara, Taluka Hansot and having agricultural land at Villages Godadara, Untidara and Adadara, admeasuring 37 Acres and 10 Gunthas. His wife Nandiben, who was divorced in the year 1955, had been holding land admeasuring 22 Acres and 36 Gunthas. However, the petitioner's son Ghumabhai & his son were also holding land to the tune of 58 Acres and 6 Gunthas. In all the total land held by all of them admeasures 137 Acres and 12 Gunthas. 2.1. In view of the amendment in the Act, the petitioner u/s. 10 of the Gujarat Agricultural Lands Ceiling Act ["the Act" for short] furnished the particulars of the agricultural lands in question to the concerned authority. Pursuant thereto, the Mamlatdar & ALT initiated proceedings against the petitioner by registering Ceiling Case No. 35/79. The Mamlatdar & ALT vide order dated 10.01.1986 held that the petitioner was holding land excess of ceiling area and vested the said land in the State Government. 2.3. Against the said order, the petitioner preferred Appeal being Ceiling Appeal No. 16/85 before the Deputy Collector, Bharuch. The Deputy Collector vide order dated 27.05.1986 dismissed the said appeal. Being aggrieved by the said order, the petitioner preferred Revision Application No. TEN.B.A. 667/1986 before the Gujarat Revenue Tribunal. The Tribunal vide order dated 28.12.1990 partly allowed the application and remanded the matter for deciding the issue afresh. Hence, this petition.

(3.) Mr. Jadeja, learned counsel appearing for the petitioner has contended that the land admeasuring 22 Acres and 36 Gunthas was held by his wife Nandiben since 1955. He has contended that though she was staying separately, the authority had clubbed the land together. He has further contended that no notice u/s. 20(2) of the Act was served on her nor she was given any opportunity of hearing. In support of his submission he had placed reliance on the decision of this Court rendered in the case of Kashiben W/o. Ambalal Chhotalal Patel & Ors. v. State of Gujarat & Anr. reported in 20 GLR 540, wherein the Court has observed that on correct interpretation of Section 20(2) of the Act, every member of the family whose holding is grouped together with other members of the same family u/s. 6(2) of the Act should be called upon by a proper notice to make submissions and selection contemplated by sub-clauses (I) (ii) and (iii) of Section 20 (2) (b) of the Act. He has therefore, submitted that the impugned order passed by the Tribunal be quashed and set side.