STATE OF GUJARAT Vs. THAKORE SAHEB PRITHVIRAJSINHJI ZALA

JUDGEMENT

(1.) This is a petition preferred by the State Government under Article 227 of the Constitution of India against the judgment and order dated 28th February, 1991 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.A. 984/1986. The petition arises from the proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as, Sthe Act of 1960 ).

(2.) The respondent no.1 Thakore Saheb Prithvirajsinhji Zala is the successor of Thakore Saheb Surendrasinhji Zala, Ruler of the erstwhile princely state of Sayla. The said Shri Surendrasinhji owned agricultural lands at villages Sayla, Ratanpar and Velala admeasuring 771-Acres-36-Gunthas in aggregate. In the family arrangement effective from 1st January, 1959, the lands at village Ratanpar and Velala were distributed amongst the members of his family (17 in number) i.e. his wife, sons, daughters, daughters-in-law and grand children. Since the said family arrangement, though the lands were being managed by the said Shri Surendrasinhji, the income from the agricultural produce was distributed amongst the above-mentioned family members in the proportion of the land allotted to each of them. The said Shri Surendrasinhji passed away on 12th October, 1970. After his death, on 1st October, 1971 revenue entry no.132 came to be made in the name of the aforesaid Shri Prithvirajsinhji Zala, the eldest son of the said Shri Surendrasinhji Zala. Another entry no.133 came to be made on 14th October, 1971 to record the names of the aforementioned family members as the successors-in-title of the said Shri Surendrasinhji. In the land ceiling case initiated under the Act of 1960, by order dated 19th November, 1975 made by the Mamlatdar, Sayla, the holding of the said Shri Prithvirajsinhji was calculated to be 120-Acres. Of the said land, 54-Acres-12-Gunthas of land was held to be excess land liable to be acquired by the State Government. The said order was sent to the Deputy Collector for approval. The Deputy Collector, by his order dated 30th November, 1976, observed that in view of the amendment of the Act of 1960 by Gujarat Act No.2 of 1974 effective from 1st April, 1976, the matter required a fresh consideration. The order of the Mamlatdar was accordingly set-aside. The matter was remanded for decision afresh in accordance with the amended act of 1960. Since the said order of remand, in Land Ceiling Case No.24/76-77, the Mamlatdar, Sayla, by his order dated 31st December, 1983, decided the matter afresh. He took into consideration the aforesaid family arrangement of 1959 and considered the holding of each of the aforesaid 17 persons. In respect of the aforesaid Shri Prithvirajsinhji Zala, he computed his total holding as 218-Acres-35-Gunthas; of which 164-Acres-35-Gunthas was held to be excess land liable to be acquired by the State Government. By communication dated 6th April, 1984, the said order was approved by the Deputy Collector. The matter was taken up by the Commissioner of Land Reforms. He did not approve the said order. According to the Commissioner of Land Reforms, the family arrangement had taken place on 14th October, 1971 i.e. after 24th January, 1971. In absence of the declaration given by the District Collector under Section 8 of the Act of 1960, the said family arrangement had no sanctity in law and could not be taken into consideration. By communication dated 17th February, 1986 he directed the District Collector, Surendranagar to take the aforesaid order dated 31st December, 1983 in revision and to make order keeping in view Section 8 of the Act of 1960. Pursuant to the said instruction, the District Collector, by communication dated 14th March, 1986, directed the Deputy Collector to exercise power of suo-motu revision under Section 37 of the Act of 1960. Pursuant to the said instructions, by notice dated 5th April, 1986, the Deputy Collector took the matter in suo-motu revision in Land Ceiling Revision Application No.14/84-85. The Deputy Collector, by his order dated 11th September, 1986, set-aside the aforesaid order dated 31st December, 1983 and remanded the matter to the Mamlatdar and Agricultural Lands Tribunal for decision afresh. Feeling aggrieved, the respondent no.1 the aforesaid Shri Prithvirajsinhji Zala preferred the above referred Revision Application No.TEN.B.A.984/1986 before the Gujarat Revenue Tribunal (hereinafter referred to as, Sthe Tribunal ). The Tribunal, by impugned judgment and order dated 28th February, 1991, accepted the revision application and set-aside the order of remand dated 11th September, 1986 made by the Deputy Collector, Limdi. Therefore, the present petition.

(3.) The Tribunal has observed that the aforesaid family arrangement was made effective from 1st January, 1959 i.e. before 15th January, 1959. The said family arrangement was also acted upon in as much as the income from the agricultural produce was divided amongst the above referred 17 members of the family in proportion of their holding. As the said family arrangement was made prior to 15th January, 1959, no declaration as envisaged by Section 8 of the Act was necessitated. Nor in the absence of such declaration the said family arrangement became nonest in the eye of law. The Tribunal also held that the exercise of power of suo motu revision after some three years was time-barred.