NARANBHAI MANSANGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the judgment and order dated August 13 1982 passed in Revision Application No. TEN.B.A. 608 of 1981 by the Gujarat Revenue Tribunal wherein the Tribunal dismissed the Revision Application of the present petitioners and confirmed the decision of the Assistant Collector Dhrangadhra dated May 30 1981 The Assistant Collector Dhrangadhra by his judgment in Ceiling Case No. 133/76-77 held that the original petitioner No.1 - Naranbhai Mansangbhai had transferred the agricultural lands bearing Survey No. 52 admeasuring Acres 13-02 gs. Survey No.72 admeasuring Acres 16-09 gs. and Survey No. 121 admeasuring Acres 8-29 gs. to petitioner No. 2 the widow of his predeceased son Amthabhai Naranbhai on August 1 1971 in anticipation in order to defeat the object of Gujarat Agricultural Land Ceiling Act 1960 (hereinafter referred to as the said Act). The petitioners had preferred the aforesaid Revision Application before the Gujarat Revenue Tribunal who dismissed the said Revision Application. The petitioners have challenged the legality and validity of the aforesaid order of the Tribunal.

(2.) A few relevant facts leading rise to the present petition may be stated thus. The original petitioner No.1 - Naranbhai was the owner and occupier in respect of the land admeasuring Acres 107 13 gs. Out of the said land the original petitioner No.1 alienated the agricultural land admeasuring Acres 77-24 gs. to Rajabhai younger son of the petitioner in the year 1956. Amthabhai Naranbhai expired on June 9 1952 leaving behind him the widow and a minor daughter at that time and that even during the life time of Amthabhai petitioner No.2 was residing separately. It is the case of the petitioner that somewhere in the year 1968 the petitioner No.1 had handed over the land admeasuring Acres 11-01 gs. to the petitioner No.2 the widow of his predeceased son for her maintenance. Thereafter on August 1 1971 the petitioner No.1 transferred three parcels of land of Survey No. 52 admeasuring Acres 13-02 gs. Survey No. 72 admeasuring Acres 16-09 gs. and Survey No. 121 admeasuring Acres 8-29 gs. in all total land Acres 49-01 gs. to the petitioner No.2 the widow of his predeceased son for maintenance. By application dated September 27 1976 the petitioner filled-in the prescribed form for declaration under Section 8 of the said Act to the effect that the land Acres 49- 01 gs. transferred on August 1 1971 has not been transferred in anticipation in order to defeat the object of the said Act.

(3.) The learned Assistant Collector by his aforesaid judgment and order held that the petitioner No.1 has not been able to prove that he did not transfer the land admeasuring Acres 49-01 gs. with a view to defeat or defraud the object of the said Act. The learned Assistant Collector held that the petitioner transferred the land in question during the period from appointed date to the specified dale in anticipation in order to defeat the object of the Act for the following reasons: