STATE OF GUJARAT Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) THIS petition has been preferred by the State of Gujarat challenging order dated 25. 3. 1991 made by Gujarat Revenue Tribunal in TEN. CBS/124/1987. Though the petition is styled as a petition under Articles 226 and 227 of the Constitution, but in fact, is a petition under Article 227 of the Constitution of India.

(2.) THE facts are that in Ceiling Case No. 53 of 1976, Mamlatdar and ALT, Olpad-2 made an order under section 20 (2) of The Gujarat Agricultural Lands Ceiling Act, 1960 (the Act) declaring that the land was falling within class 'c' and respondent No. 2 was entitled to hold two units and thus the land held was not in excess of the ceiling limit.

(3.) THE said order was taken in suo-motu revision under section 37 of the Act by Deputy Collector (Land Reforms), Surat and vide order dated 25. 3. 1987, the order of ALT was quashed and set aside restoring the matter to the file of ALT for taking a fresh decision in accordance with law. The Deputy Collector held that as on 1. 4. 1976 there was no major son in the family and hence, only one unit was available to the family and the ALT had wrongly held that two units were available to the family.