VINODBHAI VASANTBHAI PATEL Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) THE short facts necessary for disposal of the present petition are that the petitioner's grandfather, Narottam Jivanjibhai Patel, submitted Form No.2, submitting, inter alia, that he was holding 36 Acres and 18 Gunthas land. On scrutiny and inquiry, the Mamlatdar cum -Agricultural Land Tribunal held that the petitioner's grandfather was holding 73 Acres and 9 Gunthas jirayat land (cultivable land), the petitioner's grandfather was entitled to one unit equivalent to 30 Acres of land. He, accordingly, declared 43 Acres and 9 Gunthas as surplus. The order was challenged in Ceiling Appeal No.59 of 1982 and on dismissal of the said appeal, the petitioner's grandfather took up the matter to the Gujarat Revenue Tribunal, which allowed Revision Application No.101/1982 and remanded the matter to the Mamlatdar -cum -Agricultural Land Tribunal.

(2.) SHRI Dave learned Counsel for the petitioner, after taking me through the entire records and the orders passed by the authorities, submitted that the petitioner's land could not be declared surplus.

(3.) ON the other hand, Shri Hukum Singh, learned Counsel for the State, submitted that the present Writ Petition is absolutely misconceived and not maintainable because the questions argued before the Tribunal were decided in favour of the petitioner and the petitioner now cannot be allowed to raise any question, which he did not raise before the Tribunal.