PATEL PANUBHAI SHANABHAI Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) The question in this petition under Article 227 of the Constitution of India directed against an order passed by the Guja- rat Revenue Tribunal (GRT) is- as to whether the competent authority under the Gujarat Agricultural Lands Ceiling Act 1960 Act) was right in declaring that the petitioner held land to the extent of 13 acres 21 1/2 Gunthas in excess of the ceiling area.

(2.) The Mamlatdar and Agricultural Lands Tribunal (ALT) of Savli decided by an order at annexure C dated February 21 1964 that the petitioner was in possession of 28 acres - 4 gunthas of Land in excess of the ceiling area. The petitioner preferred an appeal to the court of the Collector of Baroda. By an order at Annexure B dated November 10 1965 the Collector allowed the appeal in part and modified the declara- tion made by the ALT to the effect that the surplus land was to the extent of 13 acres - 21 1/2 Gunthas and not 28 acres - 2 gunthas. Ultimately therefore it was held that the petitioner held land to the extent of 13 acres - 21 1/2 Gunthas in excess of the ceiling area by the Collector. Against this order a revision was preferred to the GRT. The GRT by its order at Annexure A dated January 5 1972 confirmed the view taken by the Collector and rejected the revisional application Thereupon the petitioner has invoked the jurisdiction of this Court under Article 227 of the Cons- titution of India and has contended that the GRT has committed an error apparent on the face of the record in holding that the petitioner was holding land to the extent of 13 acres- 21 1/2 Gunthas in excess of the ceiling area.

(3.) The ceiling area has been computed after grouping together the holdings of land standing in the names of his two minor sons Kiritkumar and Bhupendra (14 acres-21 gunthas and 38 acres - 1 gunthas respectively). The grouping was made in pursuance of the provision contained in sec. 6 of the Act as it then stood which was in the following terms :