STATE OF GUJARAT Vs. ISHWARBHAI RAMBHAI PATEL

JUDGEMENT

(1.) Both these petitions, since, involve identical question of law, they are being decided by this common judgment and order.

(2.) By way of Special Civil Application No. 17861 and and 17863 of 2003, the Petitioner-State challenges the order passed by the Gujarat Revenue Tribunal, Ahmedabad (for short, 'the Tribunal'), in Revision Application No. TEN BS/195/89 decided by the Tribunal vide its order dated 12.08.1992.

(3.) The present respondents are residing at Village : Kudasad, Taluka: Olpad, and they are holding, in all, the land admeasuring about Acre 58, Gunthas 30, as on 01.04.1976. Due to amendment in the Gujarat Agricultural Land Ceiling Act, 1960 (for short, 'the Ceiling Act'), the amended Act came into force in the year 1960, the owner of the land needed to fill-up a form along with an affidavit at the office of the concerned Mamlatdar. Pursuant to the said amendment, the original respondent-Ishwarbhai Rambhai Patel filled-up the form before the concerned authority along with affidavit. Pursuant thereto, proceedings were initiated under Section 13 and Section 20 of the Ceiling Act and the Mamlatdar concerned vide his order dated 28.06.1982 declared the land held by the original respondent excess.