BALU RAMA BHURADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is directed against the decision dated February 16, 1983 rendered in Revision Application No. TEN. B. R.113 of 1982 by the Gujarat Revenue Tribunal. By the impugned decision, the learned Member of the Gujarat Revenue Tribunal rejected the revision application of the petitioners herein and confirmed the judgment dated August 3, 1982 passed by the Deputy Collector, Porbandar, in Land Ceiling Appeal No. 6/82. The Deputy Collector, Porbandar, by his said judgment, confirmed the judgment and order of the Mamlatdar and A.L.T., Mangrol, passed on April 22, 1982 in ceiling Case No. 2/77 holding that the petitioners are in possession of 79 Acres-27 Gunthas of land in excess of the ceiling area and ordering to vest the same in the State Government under section 21 of the Gujarat Agricultural Lands Ceiling Act, 1960 (for short, "the Land Ceiling Act").

(2.) The petitioners have been holding agricultural lands to the extent of 114 Acres 27 Gunthas in village Divraha Shil of Mangrol Taluka of Junagadh District It is the case of the petitioners that the erstwhile Nawab of Junagadh princely State allotted the land-Survey Nos. 59 to 133, admeasuring 114 Acres-27 Gunthas to the entire Shil village for the purpose of grazing the cattle of the village. It is also the case of the petitioners that grass has been growing naturally in the aforesaid land and the same is being utilized by the people of village Shil.

(3.) The learned Mamlatdar and Agricultutal Lands Tribunal, Mangrol, after issuing necessary notices to concerned parties and after hearing them, by his judgment and order dated April 22, 1982, came to the conclusion that the petitioners held the agricultural land to the extent of 79 Acres-27 Gunthas in excess of the ceiling area. The Mamlatdar, therefore, odered to vest the said land in the State under section 21 of the Land Ceiling Act. The petitioners being aggrieved by the said decision of the Mamlatdar, preferred appeal, being Land Ceiling Appeal No. 6/82 before the Deputy Collector at Porbandar. The Deputy Collector, Porbandar, by his judgment dated August 3, 1982, dismissed the appeal, upholding the judgment of the Mamlatdar and A.L.T. The petitioners thereupon preferred Revision Application No. TEN. B .R.133 of 1982 before the Gujarat Revenue Tribunal against the above judgment of the Deputy Collector. The learned member of the Gujarat Revenue Tribunal, by his impugned decision, dismissed the revision application and confirmed the judgments of the Courts below. It is against this judgment that the petitioners have approached this Court by way of the present petition. 1.9.1993 Mr. G.R.Udwani, learned Advocate appearing for the petitioners' Advocate Mr. N.D. Nanavati, has raised the following points: