BALVIRSINHJI KANAKSINHJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocates for the parties. The petitioners, by way of this petition preferred under Article -227 of the Constitution of India, have approached this Court with the following prayers: -

(2.) THE facts in brief leading to filing of the present petition as could be gathered from the memo of petition and annexures appended thereto deserve to be set out in order to appreciate the rival contentions canvassed on behalf of the parties.

(3.) MR . Kirtidev Dave, learned advocate for the petitioners contended that the land, as it stood on 01.04.1976, was to be taken into consideration and by virtue of the fact that the father of the petitioner Nos. 2 to 6 and husband of the petitioner No.1 had no more been existing, the partition, which was recorded by the Revenue Authority, should have been given effect to and as per the said partition, if it is counted then the land could not have been declared as surplus at all and therefore, the order impugned deserves to be quashed and set aside.