ST. XAVIERS KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed challenging the judgment and order dtd. 23/10/2002 passed by the Presiding Officer, Gujarat Revenue Tribunal, Ahmedabad in Revision Application No.TEN.B.A.207/2001, order dtd. 2/4/2001 passed by the Deputy Collector, Vadodara in Ceiling Revision Application No.2 of 2000, and also the order dtd. 8/5/2022 passed by the Mamlatdar & ALT, Vadodara passed in Ceiling Remand Case No.117 of 1988.

(2.) At the outset, learned advocate Mr.Jitendra Patel, appearing for the petitioner has submitted that the aforesaid order was challenged by taking shelter from the judgment and order dtd. 11/10/2000 & 20/10/2000 passed by Division Bench of this Court in Letters Patent Appeal No.597 of 2000 in Special Civil Application No.4015 of 1990, which has been subsequently reversed by the Apex Court vide judgment reported in the case of State of Gujarat and another Vs. Manoharsinh Pradyumansinhji Jadeja, in 2013 (2) SCC 300.

(3.) In response to the aforesaid submissions, learned AGP Mr.Kanara, has submitted that the petitioner, for the very first time has raised such a contention before this Court and neither before the Tribunal nor before any authorities, such issue with regard to non-applicability of the provisions of the Gujarat Agricultural Land and Ceiling Act, 1960, was raised.