STATE OF GUJARAT Vs. BAI JADAVBEN KESURBHAI JIJIBHAI

JUDGEMENT

(1.) The petitioner, State of Gujarat, has filed this petition under Article 226 of the Constitution of India challenging the order passed by the Gujarat Revenue Tribunal on 26.11.1990 in Revision Application No.TEN.B.A.265 of 1987. The petitioner has also sought for stay against the operation, implementation and execution of the order of Tribunal in this petition.

(2.) Since the order of the Tribunal was passed on 26.11.1990 and the present petition was filed on 19.6.1998 i.e after about 8 years, this Court initially adjourned the matter on 30.6.1998 so as to enable the petitioner to file affidavit explaining the delay. Accordingly, an affidavit of Mr.A.S.Gamit "Under Secretary, Revenue Department, Sachivalaya, Gandhinagar was filed on 20.7.1998. Considering the said affidavit, petition was admitted and rule was issued on 30.7.1998 and ad-interim relief was granted in terms of para-9(c) of the petition.

(3.) It is the case of the petitioner that the respondents were served with the notice under Section 20 of the Gujarat Agricultural Land Ceiling Act, 1960. Mamlatdar and ALT has passed an order on 31.12.1983 holding that the Respondent was not holding any surplus land. The said order was taken in suo motu revision and the Dy. Collector, Bharuch by order dated 18.02.1984 confirmed the order of Mamlatdar. Subsequent to this, application of the residents of the same village was made by one Sanabhai Gokalbhai and Rudabhai Dhulabhai before the Dy. Collector of Bharuch on 01.09.1986 stating that respondents have excess land and by producing false certificate the respondent escaped from the provision of the Ceiling Act and thereby cheated the State Government. The said application was investigated and ultimately allegations made were found true and, therefore, appeal was filed and after hearing both the parties Dy. Collector, Bharuch on 9.3.1987 decided the said appeal and held that the respondents were holding excess land to the extent of 14 acres and 26 gunthas and, hence further procedure was to be followed by the Mamlatdar and Krushipanch.