RATHOD BHUPATSINH KHENGARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SHRI H.B. Jadeja, learned counsel for the petitioner; Shri Hukum Singh, learned AGP for the respondents.

(2.) THE short facts necessary for disposal of the present writ application are that the Additional Mamlatdar [Ceiling] and ALT, Dhangadhra, Surendranagar, passed an order on 24.10.90 in Ceilng Case No. 321/76 -77 that deceased Khengarji Raisinhji was possessed of about 4 acres and 9 gunthas surplus land. He accordingly directed that the land shall vest in favour of the State. Being aggrieved by the said order, the present petitioners no. 1,4 and 5 challenged the said judgment by filing an appeal before the Deputy Collector, which came to be dismissed on the ground of limitation on 23.7.92. The petitioners no. 1,4 and 5 challenged the said order before the Revenue Tribunal in Revision Application No. TEN.B.A. No. 707/92. The revision application was allowed, the matter was remanded to the Mamlatdar and ALT to give an option/choice to the applicants for surrendering surplus land in favour of the State Government with a specific direction that the Mamlatdar would take possession of survey no. 269 admeasuring 3 acres and 37 gunthas instead of 4 acres and 9 gunthas out of survey no. 268. It is to be noted that the applicants [petitioners no. 1,4 and 5] had specifically pleaded in their written statement that instead of part of survey no. 268, they be allowed to surrender survey no. 269 admeasuring 3 acres and 37 gunthas.

(3.) THOUGH question of dismissal of appeal on the ground of limitation was taken up for consideration, but in view of the admissions made by the applicants before the Tribunal, the authority did not decide the question of limitation.