VAJSURBHAI APABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner seeks a direction against the State Government/Competent Authority under the Agricultural Land Ceiling Act that in accordance with the directions given in Revision Application No.TEN.B.R.39/85 decided on 23rd January, 1987, the State should offer choice to the petitioner to surrender particular land. It is the submission of the petitioner that despite such mandatory orders of the Tribunal, which are binding upon the Collector and the Mamlatdar, they have started acting in a high -handed manner, taken possession of some other property without giving any choice to the petitioner and started process for allotment of the same.

(2.) The Mamlatdar/ALT, Taluka: Khambha, District: Amreli and the Collector, District: Amreli, are in attendance. They submitted that much before the order was made by the Tribunal, the father of the present petitioner had expressed his choice and under a bona fide impression that the choice given by the father would bind the son, they had taken possession of the property. They, however, submit that they are ready and willing to repair the damage and correct their mistake. It is the submission of the Collector and the Mamlatdar that the land, from which the petitioner was dispossessed, is still in possession of the State and the same has not been allotted to anybody. They assure the Court that choice would be offered to the petitioner and in accordance with the choice proposed by the petitioner, possession of the land would be taken. This satisfies the learned Counsel for the petitioner.

(3.) The petition is disposed of with the following directions: