LAWS(GJH)-1996-4-59

RAMESHBHAI THAKORBHAI BUVA Vs. STATE OF GUJARAT

Decided On April 03, 1996
Rameshbhai Thakorbhai Buva Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner has, firstly, challenged the order passed by the Mamlatdar and Agricultural Lands Tribunal, Amod in an inquiry under Sections 20 and 21 of the Gujarat Agricultural Lands Ceiling Act, 1960 in respect of the holdings of the agricultural land by the petitioner in village Buva and Itola of Tal. Amod, Dist: Bharuch.

(2.) By virtue of the impugned order of the Mamlatdar in the inquiry in ceiling case No. 10/85 passed on 16.10.85, the petitioner is held to be holding 1 hectare 16 are 35 sq. mtrs. of land as surplus land. The Mamlatdar declared Survey No. 1130 of Buva village as Surplus and ordered that the same to vest in the Government. The petitioner being aggrieved and dissatisfied by the order of the Mamlatdar had filed appeal before the Deputy Collector, Bharuch. The Deputy Collector in Ceiling Appeal No. 6/86 confirmed the order of the Mamlatdar while dismissing the appeal on 18.2.86. The petitioner carried the matter before the Gujarat Revenue Tribunal by filing Revision Application No. 433/86. The Tribunal allowed the Revision Application and remanded the matter to the Mamlatdar for deciding the same in the light of the directions given in the order dated 3.2.89. After the remand, the Mamlatdar again held that the petitioner is holding surplus land and declared Block No. 1130 admeasuring 1 hectare 16 are 35 sq. mtrs. of land as surplus land and decided that the same would vest in the Government. The order of the Mamlatdar in Ceiling Case No. 4/89 was passed on 31.3.89.

(3.) Being aggrieved by the said order of the Tribunal, the petitioner had preferred appeal before the Deputy Collector, Bharuch by filing an Appeal No. 1/89 which came to be dismissed on 11.7.89. The matter was further carried in revision by the petitioner by filing Revision Application No. 768/89. The revision also came to be dismissed on 26.2.93. Hence this petition under Article 227 of the Constitution of India.