DEVDATKUMAR GOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred under Article 226 of the Constitution by the holder of the land against the judgment and order dated 31st December, 1996 passed by the Gujarat Revenue Tribunal [hereinafter referred to as Sthe Tribunal ] in Revision Application No. TEN.BS.299 of 1988. The matter arises from the proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 [hereinafter referred to as, Sthe Act of 1960 ].

(2.) The petitioners are the heirs and successors-in-title of one Govanbhai @ Govindbhai Nathubhai Patel. The said Govindbhai Nathubhai owned certain pieces of land at village Simalthu, Taluka-Olpad, District Surat. Pursuant to the amendment of the Act of 1960 by the Gujarat Act no.2 of 1974, a notice in form No.VI came to be issued on 26th August, 1976. In answer to the said notice the said Govindbhai Nathubhai declared his holding of 44 Acres & 23 Gunthas of lands in aggregate. On 10th January, 1978, the Executive Engineer, Surat issued a Canal Certificate certifying that 2 Acres and 39 Gunthas of the holding of the said Govindbhai Nathubhai was perennially irrigated land and 41 Acres 24 Gunthas was seasonally irrigated land. Another canal certificate was issued on 17th February, 1984 indicating that all the said lands were perennially irrigated. Pending the said proceeding, the said Govindbhai Nathubhai passed away on 9th June, 1977. The mutation entry no. 759 came to be made on 31st August, 1978 in accordance with the will executed by the said Govindbhai Nathubhai. Under the said Will, certain lands were bequeathed to one of his sons Anilkumar Govindbhai. The elder son Devduttkumar Govindbhai was given certain lands during the life time of the said Govindbhai Nathubhai. Since the death of the said Govindbhai Nathubhai, the matter before the Mamlatdar & ALT was prosecuted by his widow-Lalitaben Govindbhai. She disputed the canal certificate dated 17th February, 1984. Pursuant to the said dispute, the concerned officer was summoned for cross examination. However, the said Lalitaben refused to cross examine the Canal Officer. Instead, she admitted the canal certificate dated 10th January, 1978. According to her, she had two sons Devdutt Govindbhai and Anil Govindbhai. Devdutt was born on 9th September, 1956 and Anil Govindbhai was born on 22nd February, 1959. Both the said sons were major as on 1st April, 1976. Thus, the said Govindbhai Nathubhai was entitled to retain lands equivalent to three ceiling areas. In support of her case, she produced the school leaving certificates of both the aforesaid sons Devdutt & Anil. The said contention was accepted by the Mamlatdar & ALT.

(3.) On the basis of the canal certificate dated 10th January, 1978, the total holding of the said Govindbhai Nathubhai was computed to be equivalent of 92 acres 5 gunthas of dry crop land. The total holding of the said Govindbhai Nathubhai being less than the three ceiling areas, he did not hold surplus land within the meaning of the Act of 1960. In view of the said finding, by Order dated 29th February, 1988 made by the Mamlatdar & ALT in Ceiling Case no. 172 of 1977, the notice issued under Section 20 [1] of the Act was withdrawn.