DODIA JIVABHAI MALUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition arises from the judgement and order dated 19.12.1996 passed by the Gujarat Revenue Tribunal in Revision Application No.629 of 1994, whereby the Tribunal has dismissed the revision and has confirmed the order passed by the Mamlatdar and Deputy Collector.

(2.) The short facts of the case appears to be that the deceased Kamabhai Malabhai was holding the agricultural land at Village Nagwada and Jainabad of Dasada Taluka of Surendranagar District, total admeasuring 71 acres and 01 guntha. Out of the aforesaid total holding, the land at Village Nagwada was admeasuring 62 acres and 24 gunthas, whereas the land at Jainabad was admeasuring 8 acres and 17 gunthas. As per the petitioner, out of the land held by the deceased Kamabhai at Nagwada, the land admeasuring 15 acres and 15 gunthas bearing Survey No.174 was transferred in the year 1970 during the life time of the deceased Kamabhai, since, as per the petitioner, the land was a joint holding of Kamabhai and his father and Kamabhai, therefore, had transferred the land in favour of the petitioner. The revenue entry was mutated for such transfer, but it is an admitted position that there was no sale deed or document for transfer. The petitioner made an application under Section 8 of the Gujarat Agricultural Land Ceiling Act (hereinafter referred to as 'the Act') to treat the transfer as bona fide. However, the said application was not granted and it was rejected. The ceiling case was processed by the Mamlatdar and ultimately the Mamlatdar declared the land admeasuring 17 acres and 01 gunthas as surplus land. However, for taking possession of the surplus land, Mamlatdar ordered that the total area of the land admeasuring 8 acres and 17 gunthas at Village Jainabad shall be taken as surplus land and the land admeasuring 8 acres and 24 gunthas at Nagwada shall also be taken as surplus land. As per the petitioner, the said surplus land admeasuring 8 acres and 24 gunthas is stated to be taken from the land transferred to the petitioner by the deceased Kamabhai and, therefore, the petitioner carried the matter before the Deputy Collector being Appeal No.5 of 1993-94. The Deputy Collector vide order dated 27.5.1994 dismissed the appeal. The matter was further carried before the Gujarat Revenue Tribunal by revision and the said revision has also been dismissed vide order dated 19.12.1996. Under the circumstances, the present petition before this Court.

(3.) Heard Mr.Amin, learned Counsel for the petitioner and Mr.Patel, learned AGP for the State. Respondent No.2 has refused to accept service and Respondent No.3 is served by direct service. However, none appears for respondents No.2 and 3.