GANGABEN CHAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petition arises out of the proceedings under the Gujarat Agricultural Land Ceiling Act, 1960 ('the Act' for short). The petitioner has challenged orders passed by Mamlatdar & ALT, Deputy Collector and Gujarat Revenue Tribunal by virtue of which a total of 28 acres 38 gunthas of land of the petitioner is declared as surplus. Mamlatdar & ALT gave sch a finding by his order dated 24.6.1987 which came to be upheld by the Deputy Collector by order dated 13.6.1988 and Gujarat Revenue Tribunal by decision dated 4.7.1992. With respect to the area of land and the ceiling limit, there is no dispute raised by the petitioner. The petitioner however, has raised following legal contentions:

(2.) HAVING heard learned advocate Mr. M.A. Kharadi for the petitioner and learned AGP Ms. Reeta Chandrana for the respondents and having perused the decisions under challenge, I find that admittedly the son of the petitioner was minor on 1.4.1976. Therefore, even if the factum of transfer of land by the petitioner in favour of his son in the year 1970 is accepted as a genuine one, provisions of sub -section (2) of Section 6 of the Act would ensure that the land so transferred would still have to be clubbed in the holding of the petitioner for the purpose of ascertaining his ceiling.

(3.) SECTION 6 (2) of the Act reads as follows: