DHIRAJSINH MOHANSINH Vs. STATE OF GUJARAT & ORS

JUDGEMENT

(1.) The petitioners, who are the legal heirs and representatives of the original holder of the land in question i.e., Dhirajsinh Mohansinh, have preferred the present petition under Article 226 and 227 of the Constitution of India challenging the order dated 29.10.1999 passed by the Gujarat Revenue Tribunal (hereinafter referred to as the 'GRT' for short), order dated 12.10.1998 passed by the Respondent No.2 Deputy Collector and order dated 25.09.1997 passed by the Respondent No.3 Additional Mamlatdar and ALT.

(2.) The short facts giving rise to the present petition are that the deceased Dhirajsinh Mohansinh, the predecessor in title of the present petitioners had filled in the form declaring his holding of land as on 01.04.1976, under the provisions contained in the Gujarat Agricultural Land Ceiling Act, 1967 (hereinafter referred to as 'the said Act' for short). The MamlatdarALT, Mangrol, vide his order dated 17.02.1987 had withdrawn the notice issued under section 20(2) of the said Act holding that the said land holder did not hold any surplus land.

(3.) After the remand, the respondent no.3 issued the notices to the land holder, however, he did not remain present. Hence, the Respondent no.3 considering the Canal certificate issued by the Irrigation Department declared the land admeasuring 34 acres and 35 gunthas as surplus land vide order dated 28.08.1992. In the appeal preferred by the original land holder before the Respondent No.2, the said came to be allowed and the matter was again remanded to the MamlatdarALT. After the remand, the Respondent No.3 came to the conclusion that the land holder was holding 37 acres 11 gunthas of 'Jirayat' terms land as surplus land. Again the appeal was preferred before the Respondent No.2, which came to be partly allowed and again the matter was remanded to the Respondent No.3. The Respondent No.3, thereafter considering the entire evidence on the record, vide order dated 25.09.1997 (AnnexureA) held that the original land holder was holding land admeasuring 37 acres 11 gunthas in Jirayat terms land as the surplus land.