VIRBHADRASINHJI K GOHIL DR Vs. R RAMBHADRAN

JUDGEMENT

(1.) . This petition presents manifestly peculiar method of working going on in some public offices. The petitioner herein challenges by this petition the order Annexure-A passed by the Collector Bhavnagar being dated 25-12-1975.

(2.) A few facts which show how the matter has arisen are required to be stated. The petitioner is an Ex-ruler of the erstwhile Bhavnagar State and was holding several lands in the villages of Bhavnagar area. The petitioners say was that he had inherited these lands from his father Shri Krishnakumarsinhji who died somewhere in the year 1965. One of the properties with the petitioner is the land survey No. 258 known as Neelam Baug Palace. The Palace in that survey number was constructed by the father of the petitioner and the surrounding open land was used for sundry purposes like Servants quarters garage etc. With the coming into force of the Gujarat Agricultural Lands Ceiling Act 1960 (Gujarat Act No. 27 of 1961) the petitioner was required to furnish a statement under sec. 10 of the Act regarding agricultural lands held by him. Accordingly the petitioner had furnished a statement to the Mamlatdar Bhavnagar on November 30 1961 However the aforesaid survey No. 258 which admeasures about 5 lac sq. yards was not set out by him because according to him it was not an agricultural piece of land.

(3.) The Tribunal constituted under the Act conducted some inquiry and held that the petitioner was entitled to hold only 10 Acres of land comprising Survey Nos. 244 459 471 171 Paiki and declared 5095 acres lands as surplus land. He had passed the said Order on 5-10-1970. Against the slid order of that authority the petitioner had preferred an appeal to the Resident Deputy Collector Bhavnagar which was taken on his file by the Collector who by his order dated 26-3-1971 held that no lands situated in Bhavnagar Vadva etc. in possession of the petitioner could be declared as surplus land. He meant Survey No. 258