VASHRAMBHAI M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or directions quashing and setting aside the actions of the respondents in taking away 5 Acres of the land from the land bearing Survey No.764.

(2.) It appears from the record that the proceedings under the Gujarat Agricultural Lands Ceiling Act (hereinafter referred to as the Act for short) came to be initiated against the petitioner. The petitioner was holding in all 40 Acres and 9 Gunths of land inclusive of the land bearing Survey No.867. It was contended on behalf of the petitioner that the petitioner has already sold 5 Acres and 6 Gunthas of land from the land bearing Survey No.867 Paiki to the respondent Nos.4 to 6 and therefore, the same cannot be considered in the holding of the petitioner and if the same is excluded from the holding of the petitioner, the petitioner is not holding any excess vacant land. Considering the fact that the sale in favour of the respondent Nos.4 to 6 for the land bearing Survey No.867 Paiki, was contrary to Sec.8 of the Act and therefore, the said land was required to be considered in the holding of the petitioner and accodingly, considering the holding of the petitioner 40 Acres and 9 Gunthas land declared as excess surplus land. The petitioner was entitled to retain 36 Acres of land. It also appears from the record that the said order came to be confirmed upto Gujarat Revenue Tribunal and the same has become final. Thereafter, the proceedings were initiated for giving choice as to which land the petitioner wants to give as excess surplus land and the petitioner gave option for the land bearing Survey No.867 and the Mamlatdar and Agricultural Lands Tribunal (ALT), passed an order to take possession of the land bearing Survey No.867 admeasuring 5 Acres and 9 Gunthas of land. Being aggrieved and dissatisfied with the same, the respondent Nos.4 to 6 challenged the said order submitting that so far as land bearing Survey No.867, admeasuring 5 Acres and 9 Gunthas is concerned, the same is purchased by them from the petitioner and therefore, it is declared as excess vacant land and hence the possession of the excess land should be taken from the other land of the petitioner. Accepting the same, an order came to be passed to take possession of the excess land from the land bearing 764 of the petitioner. Being aggrieved by and dissatisfied with the same, the petitioner has preferred the present petition under Article 227 of the Constitution of India.

(3.) Mr.N.K. Majmudar, learned advocate appearing on behalf of the petitioner has vehemently submitted that when all through out the case of the petitioner is that the land bearing Survey No.867 cannot be considered in the holding of the petitioner and when considering the same in the holding of the petitioner, 4 Acres and 9 Gunthas of land is declared as excess surplus land, the possession of the surplus land should be taken from that land as per the choice given by the petitioner and it is also submitted by him that the authorities below have materially erred in considering the land bearing Survey No.867 in the holding of the petitioner and therefore, it is submitted that the respondents authorities cannot take possession of the surplus land from the land bearing Survey No.764 and therefore, it is requested to allow the present petition.