SATISHCHANDRA KHUSHALBHAI BHAKTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that the proceedings under the Gujarat Agricultural Land Ceiling Act, 1960 (hereinafter referred to as ?the Act?) were initiated qua the land of the petitioner. There were earlier litigations and the matter was remanded to the Mamlatdar for reconsider mainly on the aspects of examination of the Officer, who issued the certificate for irrigated land. It appears that the Officer was examined, fresh certificate was also produced and thereafter the computation is made for the purpose of declaring the surplus land under the Act and the order came to be passed by the Mamlatdar on 23.9.1992. It appears that the matter was carried before the Deputy Collector in appeal being Appeal No.1/1993 and the appeal ultimately came to be dismissed. It also appears that against the order of the Mamlatdar, the State preferred the revision before the Tribunal and the petitioner herein also preferred the revision before the Tribunal against the order of the Deputy Collector dismissing the appeal. The Tribunal dismissed the revision preferred by the State as well as it also dismissed the revision of the petitioner and confirmed the order of the Mamlatdar. It is under these circumstances the petitioners have approached this Court by preferring the present petition.

(2.) Heard Mr.Mehta, learned Counsel for the petitioners and Mr.Mengdey, learned AGP for the State Authorities.

(3.) The contention raised on behalf of the petitioners is that all the authorities have not properly examined the aspects that the certificate issued of irrigated land is based on the position as prevailing on the date of deposition and not on the basis of the position as prevailing in the year 1976. It has been submitted that for the purpose of computation of surplus land under the Act, it is required to be examined as to which land is an irrigated land when the Act came into force and not on the date when Mamlatdar conducted the proceedings or that the deposition is recorded and, therefore, there is error on the face of the record. Therefore, it has been submitted on behalf of the petitioners that the matter deserves to be remanded to the authority for reconsideration on the said aspects.