BHIKHABHAI TRIKAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No.5085/1996 by which the learned Single Judge has dismissed the said Special Civil Application as concurrent orders are passed by the authorities below under the provisions of Gujarat Agricultural Land Ceiling Act, 1960 (hereinafter referred to as "Ceiling Act"), the original petitioner (now the heir and legal representative of the original petitioner) has preferred the present Letters Patent Appeal.

(2.) Facts leading to the present Letters Patent Appeal in nutshell are as under:

(3.) Shri Tatavam Patel, learned advocate has appeared on behalf of the petitioner. He has reiterated what was submitted before the learned Single Judge. He has vehemently submitted that as there was a customary divorce between the appellant and his wife Jashodaben and even the said customary divorce was recognized by the Court, the holding of his wife Jashodaben could not have been clubbed in the holding of the petitioner. It is submitted that therefore all the authorities below including the learned Single Judge have materially erred in declaring 23 Acre 09 Guntha land as surplus under the provisions of the Ceiling Act. No other submissions have been made. Making above submissions it is requested to admit / allow the present Letters Patent Appeal.