MANUBHAI U PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SHRI D.F. Amin, learned counsel for the petitioner, Shri L.R. Pujari, learned AGP for the respondents no. 1 and 2; Shri H.M. Jadeja, learned counsel for the respondents no. 4.1 to 4.3.

(2.) PRESENT appears to be a case where certain land belonging to the present respondent no.3 Trust was declared surplus, the said order was not challenged by anybody and attained finality. The Government issued notice to the respondent no.3 to exercise its option and surrender land which it so desired. But the respondent no.3 did not exercise its choice and option, therefore, the Government took possession of 12 Acres and 6 Gunthas of land from Block No. 460 admeasuring 4 Acres and 36 Gunthas and some other land. After taking possession, the Government, under the provisions of the Act and the Circulars decided to allot 4 Acres and 6 Gunthas of land in favour of the respondent no.4 [since deceased]. The order of allotment made in favour of the respondent no.4 was not challenged by the petitioner, but in fact, he challenged the order directing the land to be excess on the ground that 36 Gunthas land was used and utilized by the village people as cremation ground and as the said land was not agricultural land, it could not be declared surplus. The Deputy Collector, [Land Reforms], Appeals, in Ceiling Appeal No. 1/91 vide his order dated 31.12.92 held that 36 Gunthas of land could not be allotted in favour of the respondent no.4. He accordingly directed that in view of the use of the land, the land could not be allotted.

(3.) THE State Government being aggrieved by the said order filed revision application No.TEN.B.E.176/93 which was allowed by Gujarat Revenue Tribunal vide order dated 30th August, 1994.