PRITHVISINH VERUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner before this Court is the holder of lands within the meaning of the Gujarat Agricultural Lands Ceiling Act, 1960 [hereinafter referred to as, "the Act"]. The petitioner challenges the judgment and order dated 20th July, 1993 passed by the Gujarat Revenue Tribunal [hereinafter referred to as, "the Tribunal"] in Revision Application No. TEN.B.A.596 of 1991.

(2.) It is not disputed that the petitioner held agricultural lands at village Adval of Dhandhuka Taluka, District-Ahmedabad and at village Untadi of Limbdi Taluka, District-Surendranagar admeasuring 120 Acres 22 Gunthas in aggregate. It is also not disputed that the ceiling area prescribed under the Act was 54 Acres. Out of the said 120 Acres of land, the petitioner had transferred 3 Acres-15 Gunthas of land Survey No. 402 of village Untadi prior to 24th January, 1971. Thus, on 24th January, 1971, he held land admeasuring 117 Acres 7 Gunthas in aggregate. It transpires that since 24th January, 1971, the petitioner had transferred several parcels of land to various purchasers and some also to his minor children by way of family arrangement.

(3.) The Mamlatdar & ALT, Dhandhuka in Ceiling Case No. 9 of 1989 did not recognize the above referred transfers made between 24th January, 1971 and the specified date i.e., 1st April, 1976. The petitioner's holding on the specified date was, therefore, held to be 117 Acres 7 Gunthas, out of which 33 Acres 7 Gunthas were held to be "surplus land". The said order of the Mamlatdar & ALT made on 27th July, 1990 was challenged by the petitioner before the Deputy Collector, Ahmedabad in Ceiling Appeal No. 9 of 1991. The said Appeal came to be dismissed on 8th March, 1991. The order of the Deputy Collector was confirmed by the Tribunal in Revision Application No. TEN.B.A. 596 of 1991 by the impugned judgment and order dated 20th July, 1993. Therefore, the present petition.