KODARLAL B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of this Special Civil Application is challenging the validity of the orders passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B.A. 1149/81 dated 1-8-1983 confirming thereunder the order passed by the Deputy Collector and Krishi Panch in the matter of Agricultural Land Celling Act.

(2.) The pettitioner holds the land to the tune of 24 acres 33 gunthas in village Navanagar and Dhrisan of Dehgam Taluka of Ahmedabad District. The petitioner has filed a declaration of his holding in form no. 2 prescribed under the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as the Act, 1960). The Mamlatdar after holding an inquiry, under its order dated 9-2-1977, held that the petitioner does not hold any land in excess of the ceiling area. The Deputy Collector concerned took this decision of the Mamlatdar in suo motu revision under sec. 37 of the Act, 1960 and remanded the matter back to the Mamlatdar under its order dated 23rd January, 1980. The Mamlatdar thereupon after holding further inquiry, as per the directions given by the Deputy Collector under its order dated 23rd March, 1981, held that the petitioner is in possession of 3 acres and 28 gunthas of land in excess of the ceiling area and further ordered that the excess land vests in the State under Sec. 21 of the Act, 1960. Being aggrieved of the aforesaid order of the Mamlatdar, the petitioner has taken up the matter before the appellate authority. The appellate authority dismissed the appeal under the order dated 27th June, 1981. The petitioner has then taken up the matter in revision to the Gujarat Revenue Tribunal which has also been dismissed under the order impugned in this Special Civil Application. Hence this Special Civil Application.

(3.) The reply to the Special Civil Application has been filed by the respondent-State and during the cours of arguments a document has also been filed i. e. village specimen no. 7-12