RABARI PIRABHAI VALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed for quashing and setting aside the judgment and order dated 29th April, 1993 in Revision Application no.TEN.B.A.189 of 1993 passed by the Gujarat Revenue Tribunal, judgment and order dated 4th May, 1990 passed by the Deputy Collector, Palanpur in Ceiling Appeal no.1 of 1990 and the decision dated 15th October, 1981 of the Mamlatdar and ALT in Ceiling case no. 941 of 1976.

(2.) During the proceedings under Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as the "Act") in case no.1941 of 1976, it was found that the petitioner no. 2 was holding agricultural land admeasuring 52 acres and 22 gunthas in his own name and 11 acres and 37 gunthas of land in the name of the petitioner no.2 and two sisters. Thus, the petitioner no.2 was holding 64 acres and 19 gunthas of agricultural land. In the inquiry under the provisions of Section 16 of the Act, the Mamlatdar and ALT, Deesa found 19 acres and 19 gunthas as surplus land. Notice was therefore, served under section 16(2-A) of the Act for confirmation of the surplus land declared under section 16(2) of the Act. The petitioner no.2 did not file any reply and the Mamlatdar confirmed the finding by his order dated 15.10.81 holding that the petitioner no. 2 was holding surplus land admeasuring 19 acres and 19 gunthas and it has been ordered to be vested in the State Government subject to the provisions of the Act free from all encumbrances. Being aggrieved by the said order of the Mamlatdar and ALT, the petitioner no.1 filed appeal no.1 of 1990 before Deputy Collector, Palanpur. The Deputy Collector confirmed the findings recorded by the Mamlatdar and ALT and remanded the matter to the Mamlatdar and ALT for demarcation of the surplus land by his order dated 4.5.1990. Pursuant to the order dated 4.5.90 of the Deputy Collector, the Mamlatdar demarcated the surplus land vide his order dated 12.6.1990. The respondent nos. 2, 3 and 4 filed Ceiling Appeal no. 3 before the Deputy Collector, who allowed that appeal vide his order dated 17.12.1990. It is stated that Revision Application no.190 of 1991 is still pending before the Revenue Tribunal. The petitioner no.1 did not file any appeal before Deputy Collector nor any Revision Application before Gujarat Revenue Tribunal. However, the respondent no. 2 filed Revision Application no. TEN.BA-189/1991 before Gujarat Revenue Tribunal. In the Revision Application, the petitioner no. 2, the owner of the land was impleaded as respondent no. 2. The Gujarat Revenue Tribunal dismissed the Revision Application vide order dated 29th April, 1993. The petitioners have therefore, filed the present petition against the orders of Gujarat Revenue Tribunal, Deputy Collector, and Mamlatdar and ALT.

(3.) Heard the learned advocates for the parties and perused the relevant papers on record.