LAXMIBEN WIDOW OF RANCHHODBHAIHARIBHAI Vs. COLLECTOR & ORS

JUDGEMENT

(1.) The petitioner by way of present petition filed under Articles 226 and 227 of the Constitution of India has challenged the order dated 25.04.2004 passed by the Gujarat Revenue Tribunal (hereinafter referred to as the 'GRT' for short) as also the order dated 30.07.1998 passed by the Respondent No.1Collector and the order dated 27.05.1997 passed by the Respondent No.2 Mamlatdar & ALT under the provisions contained in the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as 'the Act' for short).

(2.) The original petitioner Laxmiben, widow of Ranchhodbhai Haribhai having expired pending the petition, her heirs and legal representatives have been brought on record.

(3.) The short facts giving rise to the present petition are that the original petitioner had filled in the form showing her holdings of agricultural lands as on the specified date i.e., on 01.04.1976 under the provisions contained in the said Act. The Respondent No.2Mamlatdar and ALT after considering the evidence on record passed the order on 31.08.1981 declaring the petitioner's land admeasuring 15 acres and 30 gunthas in 'Jirayat' terms as 'surplus land'. The said order having been challenged before the Deputy Collector by the petitioner, the case was remanded to the Mamlatdar and ALT, Mangrol vide the order dated 26.02.1982. However, the said order having been taken in revision by the Collector and then by the GRT, the GRT had remanded the case to the MamlatdarALT Respondent No.2 to decide the case afresh after obtaining the Canal certificate showing the position of land as on 01.04.1976.