VINUBHAI GANDABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts necessary for disposal of the present Writ Application are that the Mamlatdar -cum -Agricultural Lands Tribunal (Agriculture Ceiling), Choryasi, Surat, vide his order dated 24th December, 1993, held that the petitioner was entitled to 36 Acres of land and as 1 Acre - 28 Gunthas of land was surplus and separation of the same would lead to fragmentation, the land was not required to be acquired by the State Government. He, accordingly, dropped the proceedings. However, the Deputy Collector, vide his order dated 30th October, 1995 passed in Ceiling/Section -37/Revi./97/94, held that the said land could not be left in the area of the petitioner, but, was required to be acquired. The said order was challenged by the petitioner before the Gujarat Revenue Tribunal in Revision Application No. TENB.B.S.56/96, but, the Tribunal was pleased to dismiss the said revision application on 8th October, 1999. Being aggrieved by the said order, the petitioner is before this Court.

(2.) SHRI Dhirendra Mehta, learned Counsel for the petitioner, submits that the learned Deputy Collector did not afford appropriate opportunity to the petitioner to make representation of his cause and case, the said authority did not appreciate the true facts and did not properly appreciate Section 18 of the Gujarat Agricultural Lands Ceiling Act, 1960, the order deserves to be quashed.

(3.) THE State Government has opposed the Writ Application.