MANIBHAI DAHYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner an old man of 91 years has challenged the legality and validity of the decision dated 21/02/1983 rendered in Revision Application No. TEN B.A. 171/92 by the Gujarat Revenue Tribunal confirming the judgment dated 28/08/1981 by the Deputy Collector Vyara in Ceiling Case No. 8/77. By the impugned judgment the Tribunal dismissed the revision application of the petitioner herein and confirmed the decision of the Deputy Collector to the effect that the petitioner transferred the land in question with a view to defeat the object of the Gujarat Agricultural Lands Ceiling Act 1960 (for short the Land Ceiling Act).

(2.) The petitioner submitted an application under Section 8(2) of the Land Ceiling Act on 29/09/1976 requesting the Deputy Collector Vyara to issue necessary certificate declaring that the lands transferred by the petitioner by way of agreement to sell dated 24/12/1969 and executing the registered sale document in respect thereof in the year 1972 were not transferred in anticipation in order to defeat the object of the Land Ceiling Act. The petitioner also pleaded that the lands so transferred in the year 1969 were for genuine and bona fide reasons on account of the age of the petitioner.

(3.) The Deputy Collector Vyara after recording the statements of the transferor and the transferees and also that of the concerned Talati and considering the evidence on record by his judgment dated 28/08/1981 rejected the application of the petitioner. The petitioner feeling aggrieved by the said judgment of the Deputy Collector preferred the aforesaid revision application before the Gujarat Revenue Tribunal. The Tribunal discuissed the revision application and confirmed the decision of the Deputy Collector as aforesadid. It is against this judgment that the petitioner has approached this Court by the present petition.