NARENDRABHAI AMARABHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the issue involved in both these appeals is common, both these appeals are heard and decided together.

(2.) In Letters Patent Appeal No.1165 of 2013, the appellant has challenged the judgment dtd. 19/8/2013 rendered by the learned Single Judge in Special Civil Application No.1938 of 1984 whereby the learned Single Judge partly allowed the petition and remanded back the matter to the Mamlatdar and ALT (Ceiling) - Competent Authority under the Act to decide the issue qua Sec. 6(3-B) of The Gujarat Agricultural Lands Ceiling Act, 1960 (for short, 'the Act') only in view of the judgment of this Court in the case of Khachar Godadbhai Pithubhai & Ors. vs. The State of Gujarat reported in 2004(2) GLH 589, and the decisions rendered by the Hon'ble Apex Court in the cases of Nagbhai Najbhai Khachar vs. State of Gujarat reported in 2010(10) SCC 594 and State of Gujarat and Anr. Vs. Manoharsinhji Pradyumansinhji Jadeja reported in 2013(2) SCC 300, and directed the concerned authority to decide the matter on merits in accordance with law and pass appropriate orders. Except for the aforesaid contention, rest of the contentions came to be rejected by the learned Single Judge.

(3.) In the above writ petition, the appellant has challenged orders dtd. 26/2/1981, 2/11/1991 and 3/1/1984 passed by the Mamlatdar and ALT (Ceiling) - Competent Authority under the Gujarat Agricultural Ceiling Act, 1960, Deputy Collector and Gujarat Revenue Tribunal, respectively. All the three authorities below have concurrently held that the appellant is entitled to hold only one unit i.e. 54 acres of agricultural land and declared the rest of the land i.e. 98.15 acres as surplus agricultural land and directed to vest the same into the Government.