PATEL LALJI DEVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Art. 227 of the constitution of India (wrongly mentioned as Art. 226 of the Constitution of India in the cause title of the petition) the petitioner has challenged the revisional order of the Gujarat Revenue Tribunal in Revision Application No. TEN B. R. 246 of 1977 whereby the Gujarat Revenue Tribunal dismissed the Revision Application on the ground that the petitioner had no right to make any application under sub-sec. (1) of Sec. 8 of the Gujarat Agricultural Lands Ceiling Act 1960 The facts in brief are as under.

(2.) The petitioner obtained possession of agricultural lands bearing Survey No. 375 admeasuring 5 acres and 10 gunthas and Survey No. 376 admeasuring 20 acres and 2 gunthas under an agreement dated 6 from the trustees of Shri Akshar Purushottam Public Charitable Trust which was holding large area of agricultural lands. The Gujarat Agricultural Lands Ceiling Act 1960 (hereinafter referred to as the Act) was enacted order to place restriction of holding agricultural lands in excess of certain limit for securing distribution of agricultural lands to subserve the common good. Under Sec. 8(1) of the Act where after 24th cay of January 1971 but before the specified date any person has transferred whether by sale gift mortgage with possession exchange lease surrender or otherwise or partitioned any land held by him then notwithstanding anything contained in any law for the time being in force such transfer or partition shall unless it is proved to the contrary be deemed to have been made in anticipation in order to defeat the object of this Act. Sub-sec. (2) provides that any person affected by the provisions of sub-sec. (1) may within the prescribed period and in the prescribed form make an application to the Collector for a declaration that the transfer or partition was not made in anticipation in order to defeat the object of the Act. As per sub-sec. (3) on receiving of such an application the Collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee to be heard and after considering the evidence which may be produced decide whether the transfer was made or was not made in anticipation in order to defeat the object of the Act. Under Sec. 38 of the Act an application for revision against any order of the Collector can be made to the Gujarat Revenue Tribunal.

(3.) The petitioner made an application under Sec. 8(2) of the Act to the Deputy Collector (Agricultural Lands Ceiling Act) Bhavnagar for a declaration that the transfer of land in his favour by the Trustees of Akshar Purushottam Mandir Gadhada was not made in anticipation in order to defeat the object of the Act. Ho stated in his application that he was already placed in possession of the land on 15-3-1971 pursuant to an agreement dated 6-2-1971 and so his possession was protected under Sec. 53-A of the Transfer of Property Act. Ho also expressed his apprehension that if his application is not granted his land might possibly be declared as surplus land thereby causing irreparable loss and hardship to him. He also stated that when the agreement was executed in his favour on 6-2-1971 he never predicated that the words after 24th day of January 1971 would be inserted by the Gujarat Act II of 1974.