SHANTABEN BHAILALBHAI PATEL Vs. MAMLATDAR AND AGRICULTURE LANDTRIBUNAL

JUDGEMENT

(1.) The short facts of the case are that two cases under Gujarat Agricultural Lands Ceiling Act (hereinafter referred to as ?the Act?) were registered in connection with the lands held by one Bhailalbhai Ishwarbhai Patel and Zaverbhai Ishwarbhai Patel (hereinafter referred to ?Bhailalbhai? or ?Zaverbhai? as the case may be, since both have expired). There were earlier litigations and ultimately the matters were remanded to the Mamlatdar and the Mamlatdar vide order dated 11.5.1984 declared that Zaverbhai was holding excess land admeasuring 67acres and 27 gunthas, whereas Bhailalbhai was holding excess land admeasuring 70 aces and 22 gunthas. The matters were carried in appeal before the Assistant Collector and the appeal came to be dismissed as per the order dated 20.11.1984. The petitioners further carried the matter in revision before the Tribunal and the Tribunal as per the order dated 18.7.1996 has dismissed the revision and it is under these circumstances the present petition.

(2.) Heard Mr.Patel, learned Counsel for the petitioners and Mr.Chhaya, learned AGP for the State Authorities.

(3.) Mr.Patel, learned Counsel appearing for the petitioners, raised the first contention that as per the evidence available on record, there was major son Ashok, who was born on 5.8.1958, even if the latter certificate is taken into consideration and, therefore, he submitted that if the age is counted on the basis of the birth on 5.3.1958, he was major and, therefore, one additional unit was required to be given for major son Ashok. Neither of the authorities has considered the said aspect for giving additional unit and, therefore, the orders passed by the lower authorities deserves to be quashed.