MAHARAOSHRI MUDANSINHJI VIJAYRAJJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner against the order passed by the Gujarat Revenue Tribunal, Annexure 'C' to the petition on 6/08/1979. In this petition, the petitioner has also challenged the constitutionality of the Gujarat Agricultural Lands Ceiling Act, 1960, (hereinafter referred to as 'the Act'). The matter was placed for admission and the Division Bench has admitted the same by issuing rule thereon on 30/11/1979. Notice as to interim relief was issued and after hearing the parties interim relief in terms of para 13(iii) was also granted. Today the matter was called out for final hearing.

(2.) Mr. A. J. Patel, learned Counsel appearing for Mr. C. H. Vora has specifically given up the challenge to the constitutional validity of the Act. It is, therefore, not necessary for us to consider the said question.

(3.) Before going to the merits of the matter, it is necessary to state few facts which are necessary for the purpose of deciding the controversy raised in the present petition. The petitioner made an application Annexure 'A' to the petition, stating therein that he was holding certain lands in Kutchh District in various villages and in accordance with the provisions of Sec. 7 of the Act, he sought permission of the competent authority, i.e., Deputy Collector, Bhuj for permitting him to transfer certain lands. In the said application, it was stated by him that he was about 70 years of age and was entitled 4 units in accordance with the provisions of the Act. He would, therefore, be entitled to retain 260 Acres of lands, the remaining land would be required to be treated surplus. By that application he has prayed that out of the land retainable by him he was willing to transfer 77 Acres and 14 Gs. of land and if the same will be granted the object of the Act would not be defeated. He, therefore, prayed that necessary permission under Sec. 7 of the Act should be granted in his favour.