INDRABEN JAYVANTSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE three successors of one Jayvantsinh, who claims himself to be son of Jatubha, have filed this writ application challenging the order dated 13.9.93 passed by the Revenue Tribunal in Revision Case No. TEN.B.A 290/93 whereunder the learned Revenue Tribunal has partly allowed the appeal and has required the Mamlatdar cum ALT to give choice to the petitioners to surrender any part of the land.

(2.) THE short facts necessary for disposal of the present writ application are that one Jatubha was holding as much as 183 acres and 9 gunthas land in village Modwana. On the specified date as provided under Gujarat Agricultural Lands Ceiling Act, 1960, the said Jatubha filed his return cum statement and submitted to the authority that he had two major sons, namely, Chandubha, aged 42 years and Mahipatsinh aged 35 years, therefore, total three units were required to be given, one to Jatubha and one each to his sons. In his return, he did not submit that he had third major son, namely Jayvantsinh. The Mamlatdar cum ALT in Ceiling Case No. 31/76 -77 in his order dated 29.12.80 held that the said Jatubha was possessed of 16 acres and 9 and half gunthas surplus land. It is to be seen that Jatubha did not challenge the said order by filing an appeal nor even Jayvantsinh who was claiming to be major son ever challenged that order before any authority saying that he being third son of Jatubha was entitled to one unit and as such, no land could be declared surplus. The said order dated 29.12.80 came to be challenged by one Jagjivan, a transferee, in Appeal No. 96 of 1981. The said appeal was allowed on 14.2.81 and the matter was remanded to the Mamlatdar cum ALT for deciding the matter afresh. On 31.1.86, the Mamlatdar cum ALT again decided the matter and held that Jatubha and his family were possessed of surplus land to the extent of 16 acres and 19 gunthas. It is to be noted that Jatubha died on 5.7.83. Legal heirs cum successors of Jayvansinh had filed Appeal No. 4 of 1991 before the Deputy Collector who disposed of the same on 19.8.91 observing that the same had become infructuous as the order dated 29.12.80 was set aside. The order dated 31.1.86 was taken in appeal by heirs of Jayvantsinh, the appeal was registered as Appeal No. 51 of 93 and the same came to be dismissed on 8.2.93 as time barred. Being aggrieved by the said order, heirs of Jayvantsinh [present petitioners] filed Revision Case No. 292 of 1993 which was finally decided on 30th September, 1993. The Revenue Tribunal directed the Mamlatdar cum ALT to give choice for surrender of land to the legal representatives. Being aggrieved by the said order passed by the Revenue Tribunal, the petitioners are before this Court.

(3.) SHRI Mehul S. Shah, learned counsel for the petitioners submits that if on 1.4.76, that is, the specified date, Jayvantsinh was also a major son of Jatubha, then no land could be declared surplus. According to him, father Jatubha and three sons, each would be entitled to hold 54 acres each which would mean that the family would be entitled to hold 216 acres and as the land was 183.09 acres, nothing could be declared surplus. He submits that once the Revenue Tribunal held that the orders could not be passed in absence of legal representatives of Jayvantsinh, then instead of limiting the remand to the extent of giving choice, the Revenue Tribunal should have remanded the matter in wholesale for reconsideration of everything.