SHANTILAL MOHANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is directed against the order passed by the Tribunal dated 5.3.2003, whereby the Tribunal has set aside the order passed by the Deputy Collector and the earlier order of the Mamlatdar for permitting one unit has been confirmed.

(2.) The short facts of the case are that one B. Shantilal & Company was holding agricultural land at Village Chiklota, Taluka Valiya. The form was filed by the partner of the said firm on behalf of the firm under Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as the Act ). The form was processed and ultimately vide order dated 18.4.1983, Mamlatdar & ALT declared that the land admeasuring 56 acres and 30 gunthas as surplus land under Section 21(1)(2) of the Act. Being aggrieved by the aforesaid order, the matter was carried in appeal before the Deputy Collector being Appeal No.10/84 and the said appeal came to be rejected by the Deputy Collector vide order dated 13.8.1984. The matter was further carried in revision before the Tribunal being B.A. No.1329/84 and No.1534/84 and both the appeals vide common judgement dated 27.6.1988 were decided by the Tribunal and the matter was remanded to the Mamlatdar and ALT. Thereafter, the Mamlatdar and ALT issued notices, heard the parties and declared the land admeasuring 56 acres and 30 gunthas as surplus land. The matter was carried in appeal before the Deputy Collector, Rajpipla and the Deputy Collector, Rajpipla, vide order dated 17.7.1989 confirmed the order of the Mamlatdar. The matter was further carried in revision before the Tribunal being Revision B.A. No.710/89 and the Tribunal vide order dated 28.6.1993 quashed the order of the Deputy Collector and Mamlatdar and remand the matter to the Mamlatdar and ALT. The Mamlatdar and ALT again tried the matter and vide order dated 30th September, 1993, he withdrew the notices under the Act. The matter was taken up in revision by the Deputy Collector against the order of the Mamlatdar being Revision Application No.1/93-94 and the Deputy Collector confirmed the order of the Mamlatdar. The matter was further carried in revision by the Government before the Tribunal being Revision Application No.884/94. The Tribunal vide order dated 5.3.2003 set aside the order of the Deputy Collector and restored the first order of the Mamlatdar dated 18.4.1983, whereby the land admeasuring 56 acres 30 gunthas was declared as the surplus land. It is under these circumstances, the petitioners have approached this Court by the present petition.

(3.) We have heard Mr.Yadav, learned Counsel appearing for the petitioners and Mr.Jayswal, learned AGP for the respondents.