BHARATSINH KHUMANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of facts and law arise in both these petitions and as such the same are with respect to same land and between the same parties, they are heard,decided and disposed of together by this common judgement and order.

(2.) SPECIAL Civil Application No. 1112 of 1997 has been preferred by the petitioners to quash and set aside the impugned Judgement and Order passed by the Gujarat Revenue Tribunal in Revision Application No. TEN/BS/126 of 1995 dtd.28/11/1997 (Annexure-H),the impugned order passed by the Dy.Collector, dtd.29/10/1994 (Annexure-G); as well as the order passed by the Mamlatdar dtd.25/5/1994 (Annexure-F), declaring 28 Acres and 20 Gunthas of the land as excess vacant land under the Gujarat Agricultural Lands Ceiling Act, 1961.

(3.) BOTH these petitions are opposed by Ms.Nisha Thakore, learned Assistant Government Pleader appearing on behalf of the State. It is submitted that so far as clubbing of the parcels of land held by the petitioners of Special Civil Application No. 1112 of 1997 in the holding of their father Khumansinh petitioner of Special Civil Application No. 1117 of 1997 has been considered by the tribunal in its decision rendered in Revision Application No.60 of 1987, and said finding and the Judgement and Order has attained finality and therefore, now it is not open for the petitioners to make the grievance with respect to clubbing the parcels of lands which have gone in the share of the petitioners of Special Civil Application No. 1112 of 1997 in the holding of Khumansinh and cannot be permitted to agitate the same contention again and again