NIRUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition filed by the petitioners under Article 226 of the Constitution of India is directed against the order dated 15.2.2020 passed by the Gujarat Revenue Tribunal in Appeal being No.TEN/BS/14/2013, whereby the Tribunal has rejected the Revision Application filed by the petitioners and directed the Mamlatdar and ALT to decide the matter afresh after giving opportunity of hearing to all the concerned parties.

(2.) Having heard the learned Advocate Ms.Bhoomi Thakore for the petitioners, it appears that the original holder of the land in question i.e. Chotalal Shankarlal had filled in the Form under Section 10 of the Agricultural Land Ceiling Act, 1960, which was registered as Ceiling Case No.52 of 1977. The Mamlatdar and ALT, Chikli had decided the said Form vide the order dated 20.7.1991 declaring certain parcels of lands as the surplus land of the said holder including the land bearing Survey Nos.256 and 257 of Moje Vanarasi, Taluka Vansda, District Navsari. The said lands having been purchased by one Amrutbhai Dhanjibhai Patel by executing a registered Sale Deed on 18.4.1984, the said Amrutbhai had preferred an appeal before the Deputy Collector, Navsari being Land Ceiling Appeal No.2/92. The said appeal came to be rejected vide the order dated 29.8.1992, against which the revision was filed before the Gujarat Revenue Tribunal. The said revision also came to be rejected by the Tribunal against which the said purchaser Amrutbhai had preferred a petition being Special Civil Application No.4093 of 2005. The High Court vide the order dated 19.7.2005 disposed of the said petition by remanding the matter to the Mamlatdar and ALT, Vansda for carrying out exercise afresh and to specify the surplus land of the concerned respondents to be acquired by the Government and to examine the question of registered sale deed having been entered into between the said petitioner Amrutbhai and the respondent No.2 on 8.4.1984 in respect of Survey Nos.256 and 257 of Village Vanarasi.

(3.) The Mamlatdar and ALT after the remand of the case, vide the order dated 16.2.2009 declared the land bearing Survey No.265/1 belonging to one Bhikhubhai Ranchodbhai Patel i.e. the predecessor of the present petitioners in respect of Survey Nos.256 and 257 of Village Vanarasi. Being aggrieved by the said order, the said Bhikhubhai Ranchodbhai had preferred the Appeal being No.1 of 2011 before the Deputy Collector, who vide the order dated 8.1.2013 rejected the said appeal. Being aggrieved by the said order, the present petitioners as the legal heirs of the said Bhikhubhai Ranchodbhai had preferred the Revision Application before the GRT being Appeal No.TEN/BS/14/2013 under Section 38 of the Act. The said Appeal has been partly allowed vide order dated 15.2.2020, by setting aside the order dated 8.1.2013 passed by the Deputy Collector and the order dated 16.2.2009 passed by the Mamlatdar and ALT, and remanding the matter back to the Mamlatdar and ATL for deciding afresh. The present petition has been filed to the extent of remanding the matter back to the Mamlatdar and ALT by the Tribunal.