STATE OF GUJARAT Vs. VADILAL PREMCHAND MEHTA

JUDGEMENT

(1.) Heard the Id. AGP for the petitioner.

(2.) By invoking jurisdiction of this court under Article 227 of the Constitution of India the Petitioner-State has challenged the legality and validity of the order dated 17.9.1990 passed by the Gujarat State Revenue Tribunal, Ahmedabad (hereinafter referred to as the Tribunal) while dealing with Revision Application No. TEN/B.A/384/89.

(3.) It would be appropriate to state the facts in brief leading to the institution of the present petition. Respondent Vadilal Premchand Mehta of village Dhansura on the appointed date was holding agricultural land in sim of 2 different villages viz. Dhansura of Taluka Modasa and village Khadol, Taluka Bhayad admeasuring about 54 acres and 17 gunthas. Prescribed form No.6 was tendered to the authorities and thereafter this Vadilal Premchand Mehta was issued with a notice as to why excess land should not be declared as surplus land under the Scheme of Gujarat Agricultural Land Ceiling Act. The Mamlatdar-ALT, Modasa initiated the proceedings vide Ceiling Case No. 122 of 1976 and after accepting the explanation given by the respondent Vadilal Mehta declared that the family of respondent No. 1 is entitled to hold 2 units having one major son in the family. The decision of Mamlatdar-ALT was challenged by way of appeal by the State through Revenue Circle Inspector before the Deputy Collector being Appeal No. 14 of 1986.