NADODA GANESH PUNJABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsel.

(2.) This Special Civil Application is directed against the order dated 17-1- 1982 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B. A. 1256/80 whereby the Revision Application, against the judgment and order dated 8-10-1980 passed by the Assistant Collector. Dhrangadhra in Ceiling Appeal No. 16- 80-81 dismissing the Appeal against the judgment and order dated 1-7-80 passed by the Mamlatdar and Agricultural Lands Tribunal (Ceiling), Lakhatar in Ceiling Case No. 82, was dismissed.

(3.) The petitioner herein held agricultural land at villages Adalsar, Kadu and Lilapur Taluka of Surendranagar District. He furnished the particular of the lands held by him as required under Section 10 of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as 'the Act'). The Agricultural Lands Tribunal prepared the list under Section 13 of the Act and after holding the inquiry, passed the order dated 28-2- 1977 holding that the petitioner held land in excess of the ceiling area to the time of 14 acres and 15 Gunthas. He also directed that S. No. 225 Paiki measuring 4 acres 28 Gunthas of Adalsar and S. No. 73 measuring 3 acres, 12 Gunthas and S. No. 329 measuring 6 acres, 10 Gunthas of Kadu villages should vest in the State Government as excess land, i.e. 14 acres and 15 Gunthas. The petitioner preferred an Appeal No. 16-80-81 and the same was dismissed by the Assistant Collector, Dhrangadhra by his judgment and order dated 8-10-1980. Thereupon, the petitioner preferred a Revision Application No. TEN. B. A. 1256/80 before the Gujarat Revenue Tribunal and this Revision Application was dismissed on 12-1-1982 confirming the order passed by the Assistant Collector, Dhrangadhra with regard to the quantity of the excess land and remanded the matter back to the Agricultural Lands Tribunal to give opportunity to the petitioner to select the land, which he wanted to retain out of the excess land so determined.